Company Terms of Use

Company

TERMS OF USE

I. ACCEPTANCE OF CONTRACT TERMS . The following are terms of a legal agreement between the customer (“Customer”) having a client account with Ergonomic Group Inc. (“EGI”) and EGI. By accessing, browsing and/or using this Internet Catalog and Order System web site (“Site”), Customer acknowledges having read, understood, and agreed to be bound by these Terms of Use and the Privacy Policy posted on the Site and to comply with all applicable federal, state and local laws, regulations and rules applicable to use of this Site and that it will be liable to EGI for any breach of these Terms of Use or the Privacy Policy posted on this Site by any of its employees, agents, or third parties who access this Site through the Customer’s computing system or other facilities. If Customer does not agree to these terms, Customer should cease using this Site immediately.

II. USE RESTRICTION . This Site is proprietary to EGI and EGI owns the sole copyright to this Site. This Site and the material provided on this Site are protected by law, and any unauthorized use, reproduction, reverse engineering or redistribution of any aspect of this Site or any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes and may subject the infringer to severe civil and/or criminal penalties. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of EGI and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. EGI aggressively enforces its intellectual property rights to the fullest extent of the law. This Site or the name of EGI and the EGI logo or any other Trademark may not be used in any way, including, without limitation, in advertising or publicity pertaining to distribution of materials on this Site, and no aspect of this Site and none of the materials containing Trademarks may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of EGI or the Trademark owner. Notwithstanding the foregoing, permission is granted to Customer to display, copy, distribute and download the materials on this Site for its non-commercial use only, provided Customer does not modify the materials and that Customer retains all copyright and other proprietary notices contained in the materials. This permission terminates automatically if Customer breaches any of these terms or conditions. Upon termination, Customer must immediately destroy any downloaded and printed materials. Customer also may not, without EGI’s permission, “mirror” any material contained on this Site on any other server.

III. DISCLAIMER OF WARRANTIES.

A. EGI SITE. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, EGI DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. EGI ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. EGI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THIS SITE.

B. LINKED SITES. EGI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON ANY WEB SITE WHICH CUSTOMER MAY ACCESS THROUGH THIS ONE. WHEN CUSTOMER ACCESSES A NON-EGI WEB SITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM EGI, THAT THE INCLUSION OF SUCH LINKS SHOULD NOT BE INTERPRETED AS AN ENDORSEMENT OF THE OWNER/SPONSOR OF THE SITE OR THE CONTENT OF THE SITE, AND THAT EGI HAS NO CONTROL OVER THE CONTENT ON THAT WEB SITE. CUSTOMER’S LINKING TO ANY OTHER SITE IS ENTIRELY AT CUSTOMER’S OWN RISK. IT IS UP TO CUSTOMER TO TAKE PRECAUTIONS TO ENSURE THAT WHATEVER CUSTOMER SELECTS FOR CUSTOMER’S USE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. EGI DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, AS TO THE ACCURACY, VALIDITY, LEGALITY OR OTHERWISE OF ANY MATERIALS OR INFORMATION CONTAINED ON SUCH SITES.

IV. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EGI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THIS SITE OR ANY LINKED SITE, EVEN IF EGI OR AN EGI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF CUSTOMER’S USE OF THIS SITE OR ANY LINKED SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, CUSTOMER MUST ASSUME ANY COSTS THEREOF.

V. CUSTOMER TRANSMISSIONS. EGI does not want to receive confidential or proprietary information from Customer through this Site. Please note that any information or material sent to EGI over the Internet will be deemed not to be confidential. Customer is prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. Customer agrees not to select any password that infringes on any intellectual property rights of any party or violates any applicable federal, state and local laws, regulations and rules. Customer further agrees to indemnify EGI for any such violation as set forth below.

VI. ERRORS. Information on this Site may contain technical inaccuracies or typographical errors.

VII. PRODUCT REVISIONS. EGIand/or its suppliers may make improvements and/or changes in the products and/or the programs described in the Site at any time without notice.

VIII. TERM OF USE REVISIONS. EGImay at any time revise these terms of use by updating this posting. By using this Site, Customer agrees to be bound by any such revisions and agrees to periodically visit this page to determine the then current terms of use to which Customer is bound.

IX. PRICE REVISIONS. EGI and/or its suppliers respectively reserve the right in their sole discretion to change the price or terms of payment of any item or service identified on the Site or any linked Site. Reference to the availability and price of products and/or services in this Site or any linked Site does not imply or warrant that such products, services, prices or payment terms will be available to Customer.

X. INTERNET COMMERCE SECURITY. The on-line catalog and order system at ergogroup.com is designed to give Customer options concerning the privacy of Customer’s billing information, name, address, e-mail and any other information Customer provides EGI. EGI offers the industry standard security measures available through its Customer’s browser. If at any time Customers would like to make a purchase, but would rather give their credit card or purchase order information to a representative over the telephone or by fax, they may do so. Simply call (516) 746-7777 begin_of_the_skype_highlighting              (516) 746-7777      end_of_the_skype_highlighting or transmit an order form to (516) 741-0145 begin_of_the_skype_highlighting              (516) 741-0145      end_of_the_skype_highlighting.

XI. INCORPORATION OF TERMS AND CONDITIONS BY REFERENCE. EGI’s obligations and responsibilities regarding products sold by EGI are governed by the agreements under which they are sold or licensed. These Terms of Use supplement the terms and conditions that apply to Customer, which are incorporated herein by reference.

XII. USE. Customer agrees and represents that it is buying for its own internal use only, and not for resale.

XIII. CHOICE OF LAW. Any claim relating to the use of this Site and the materials contained herein is governed by the laws of the State of New York, without reference to its choice of law rules.

XIV. INDEMNIFICATION. Customer agrees to indemnify, defend and hold harmless EGI and its sponsors, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all liability, loss, damages, actions, claims and expense, including reasonable attorneys fees, resulting from Customer’s use of the Site in violation of these Terms of Use or the infringement by Customer of any intellectual property rights of any person or entity.


PRIVACY POLICY

This privacy policy sets out how EGI uses and protects information that Customers give EGI when they use this Site.

EGI is committed to protecting our Customers’ privacy. Should EGI ask Customers to provide certain information by which Customers may be identified when using the Site, EGI will only use such information in accordance with this privacy policy.

This privacy policy pertains exclusively to information that Customers provide to EGI in the course of Customer use and access of the Site, and does not alter or affect the terms and conditions of any other agreement that a Customer may have or enter into with EGI for any given product or service. Customers’ use of the Site signifies agreement with the terms of this policy. Customers may not use the Site if they do not agree with all the terms of our policy.

EGI may change this privacy policy at any time by posting the changed or amended privacy policy on the Site. Customers’ continued viewing or use of the Site following the posting of any changes to this privacy policy will indicate their assent to any such changes or amendments.

I. COLLECTION OF INFORMATION. In the course of using the Site, EGI may ask Customers for certain information, including, but not limited to, name, job title, contact information (including e-mail address), demographic information (such as zip code, preferences and interests) and other information relevant to Customer surveys and offers.

II. INTENDED USE OF INFORMATION. EGI may use the information it collects about Customers to improve services and/or products to better fit our Customers’ needs. EGI may also use the information Customers provide (i) for internal record keeping, (ii) to periodically send promotional email about new products, special offers or other information which we think Customers may find interesting using the email address which they have provided, (iii) to customize the Site according to Customers’ interests, (iv) to cooperate with government officials or parties in litigation as required by law; (v) to protect the security or integrity of the Site, (vi) to protect against a threat of safety or destruction of property, and/or (vii) to protect against legal liability. From time to time, EGI may also use Customers’ information to contact Customers for market research purposes. EGI may contact Customers by email, phone, fax or mail.

III. OPT-OUT OF RELEASE OF PERSONAL INFORMATION. In the event Customers do not wish to receive any information, or allow EGI to use personal information as set forth in the “Collection of Information” and “Intended Use of Information” sections above, Customers may notify EGI directly at webmaster@ergogroup.com . Upon receipt of a Customer’s request to opt-out, EGI will remove the Customer’s information from any future marketing communications and all other uses set forth in the “Collection of Information” and “Intended Use of Information” sections above.

IV. SECURITY DISCLAIMER. EGI is committed to taking precautions to secure Customer information. In order to prevent unauthorized access or disclosure, EGI has put in place physical, electronic and managerial procedures to safeguard and secure the information EGI collects online. However, EGI cautions Customers that no network, including the Internet, is entirely secure. Accordingly, EGI cannot be responsible for loss, theft, misuse, alteration, corruption or unauthorized acquisition of personal information provided to the Site, or for any damages resulting from such loss, corruption or unauthorized acquisition. By using the Site, Customers understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.

V. COOKIES. When Customers view the Site, EGI may store certain information (called “cookies”) on their computer automatically. “Cookies” are a small text file that are stored on a computer, which identify which pages are being used. For example, cookies allow web applications to respond to Customers as individuals. The web application can tailor its operations to Customers’ needs, likes and dislikes by gathering and remembering information about preferences. Overall, cookies help EGI provide Customers with a better website, by enabling EGI to monitor which pages Customers find useful and which they do not. A cookie in no way gives EGI access to a Customer’s computer or any information about the Customer , other than the data Customers choose to share with EGI.

Customers may choose to accept or decline cookies. Most web browsers automatically accept cookies, but Customers may usually modify their browser setting to decline cookies if they prefer by reviewing their browser’s perferences and options and changing the settings as needed. This may prevent Customers from taking full advantage of the Site.

VI. LINKS TO OTHER WEBSITES. The Site may contain links to enable Customers to visit other websites of interest easily. However, once Customers have used these links to leave our site, Customers should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which Customers provide while visiting such sites and such sites are not governed by this privacy policy. Customers should exercise caution and look at the privacy statement applicable to the website in question.

VII. CONTROLLING PERSONAL INFORMATION. Customers may choose to restrict the collection or use of their personal information in the following ways:

  • Whenever Customers are asked to fill in a form on the Site, they should look for the box that they can click to indicate that they do not want the information to be used for direct marketing purposes.
  • If Customers have previously agreed to allow EGI to use their personal information for direct marketing purposes, they may change their mind at any time by calling EGI at 516-746-7777 begin_of_the_skype_highlighting              516-746-7777      end_of_the_skype_highlighting.

EGI will not sell, distribute or lease Customers’ personal information to third parties unless EGI has their permission or is required by law.

If Customers believe that any information we are holding is incorrect or incomplete, please email us as soon as possible, at the above address. EGI will promptly correct any information found to be incorrect.

Please complete the fields below, and EGI will contact you with valuable information regarding your areas of interest.

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