Welcome to the Erggo website, located at https://erggo.us/
(the "Site"), and operated by Erggo Inc., a company incorpated in New York State (“Erggo”). The Site is an online platform through which persons and publishing companies seeking certain services (each, a “Publisher”) can find and connect with professional providers of those services (each, a “Vendor”), and Vendors can post, acquire and connect with Publishers. The following terms and conditions (“Terms”) govern your use of this Site, including your use of the Site to find, perform, or acquire services in connection with the publishing industry (“Services”).
Erggo does not take part in, nor is Erggo in any way responsible for, any interactions or negotiations between Publishers and Vendors, except to the extent necessary to maintain the Site. Any interaction between you and any other individual or entity through the Site or arising out of your use of the Site, including any interactions between Publishers and Vendors, is solely between you and that other individual or entity. Erggo expressly disclaims any responsibility for any interactions between Publishers and Vendors. For avoidance of doubt, Erggo disclaims any responsibility for any employment or contracting opportunities, employment or contracting services, or any other services or products acquired or made available through the Site, even if Erggo investigates or attempts to verify any information in connection therewith.
Nothing in these Terms shall be construed as making Erggo the partner, joint venturer, agent, legal representative, employer, contractor, or employee of any other party. You acknowledge and agree that you are not eligible to participate in or receive any pension, health, or other benefits plan of Erggo, and that Erggo is in no way obligated to acquire any Workers’ Compensation Insurance associated with you or your Services.
The Site and the Site Materials are for informational purposes only. Without limiting anything else in these Terms or otherwise, Erggo is not responsible for any errors or omissions in the Site or Site Materials. The Site is not intended to be a substitute for professional legal, career, financial, or other advice, and Erggo no way represents or warrants that the Site provides any such advice or assurances. You agree that you must evaluate and bear all risks associated with use of the Site.
By accessing, viewing, or using the content, material, or Services available on or through this Site, you indicate, on behalf of yourself and any company or business entity on whose behalf you are using the Site, that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 13 years of age, or if you are not a legal resident of the United States, you are not granted permission to use this Site and must exit immediately.
, which is incorporated into these Terms by reference, as if set forth fully herein.
Erggo can be contacted at email@example.com
In order to access certain content, services, products, or benefits on the Site, you may be asked to register and create an account. By registering an account on the Site, you represent that you are at least 13 years of age or older, or that you have the permission of a legal guardian (e.g., a parent) to use the Site and the Services. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password.
As part of the registration process, you may be asked to select a user name and password, and may be required to provide Erggo with certain information about yourself including some types of personally identifying information, such as your email and your address, and information regarding your employer, employment history, and union affiliation. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. By registering with the Site, you hereby authorize Erggo to verify any representations and warranties you make either pursuant to these Terms or within any materials submitted during the registration process, including conducting background checks, contacting any provided references or affiliations, and reviewing public records. You acknowledge that while Erggo reserves the right to verify these representations and warranties, Erggo is not obligated to do so, and may choose not to do so, in Erggo’s sole discretion.
Depending on your intended uses of the Site, you may be asked to designate your account as either a Vendor Account (i.e., for Vendors) or a Publisher Account (i.e., for Publishers). Your obligations and rights under these Terms may vary depending on whether you registered as a Publisher or Vendor.
2. [Subscription Fees.]
Some services made available through the Site may be available for purchase, including your subscription to use and access certain aspects of the Site. The subscription fee will be billed at the beginning of the paying portion of your subscription and each month thereafter, unless and until you cancel your membership. By subscribing to use certain features of the Site, you accept responsibility for all recurring charges prior to cancellation. You acknowledge that the amount billed each month could vary during your subscription and you authorize us to charge your selected payment method for such varying amounts. We may also periodically charge your card in anticipation of subscription or related charges. Your subscription will be automatically extended for successive monthly periods, and billed at the then-current subscription rate. Your subscription will continue and automatically renew until you cancel your subscription.
You may cancel your account in your account settings on the Site. Or, alternatively, you may email us at firstname.lastname@example.org
and we will do it for you. If you do not cancel prior to the first day of a calendar month, you will be charged for that month’s subscription. If you cancel, you may use your subscription only until the end of your then-current subscription term.
If you want to use a different payment method, or if there is a change to your current payment method (such as your credit card validity or expiration date), you must edit your payment method in your account settings on the Site. If your payment method reaches its expiration date and you do not edit your payment method information accordingly or cancel your account, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts.
You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason Erggo does not receive payment for a purchase, Erggo may exercise its rights in law and equity, including: (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms.
You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services, including sales, use or excise taxes (excluding only taxes on Erggo’s net income). To the extent that Erggo is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are final, and any refunds will be in Erggo’s sole discretion.
You acknowledge that all business opportunities generated through the Site constitute extremely valuable assets of Erggo, and that Erggo is entitled to and should protect those assets. As such, you agree, during the time when you are registered with the Site and for one year thereafter, not to, in any manner, directly or indirectly, whether as owner, partner, stockholder, contractor, agent, consultant or otherwise: (i) provide any services to any Publisher you first connected with through the Site, other than through the Site; (ii) induce or attempt to induce any Vendor (or any person who had been a Vendor, at any time during your registration with the Site) to terminate any relationship with Erggo or to seek services outside of the Site; or (iii) solicit, recruit, hire, engage, or otherwise employ or retain any current Vendor to provide services outside of the Site. You further acknowledge that any breach of this Section 3 would cause immediate and irreparable harm to Erggo, and that Erggo shall be entitled to an injunction restraining such breach, in which case no bond or other security shall be required in connection therewith. In addition, you acknowledge that the damages for such breach are difficult to ascertain and that Erggo shall be entitled to recover as liquidated damages fifty percent (50%) of the amount of fees, compensation, commissions or other remuneration earned by you (including amounts paid to your then employers, partners or joint venturers) as a result of any such breach.
4. Intellectual Property.
As between you and Erggo, Erggo owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between you and Erggo, all names, trademarks, service marks, certification marks, symbols, slogans, or logos appearing on the Site are proprietary to Erggo or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Unless expressly written otherwise by Erggo, you do not have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
Certain features of the Site may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the Site (“User Content”). By contributing User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.
You retain all right, title and interest in and to the User Content that you submit and all intellectual property rights embodied therein. Upon your submission of User Content or other material or information to Erggo, you grant Erggo a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site or the Application violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
5. Unauthorized Activities.
You agree that you will not use the Site for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including to import, export, copyright, and trademark laws); (b) contacting any other user of the Site who has requested not to be contacted; (c) stalking or harassing anyone; (d) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with Erggo; (e) attempting to gain unauthorized access to Erggo’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; (f) data mining, scraping, robots, or for releasing spiders, crawlers or any other data gathering or extraction tools, except to the extent the Site is indexed by general purpose consumer accessible search engines, including Google, Yahoo, MSN, or Bing; (g) promoting any effort to compete with Erggo, including using the Site to provide, alone or in combination with any other product or service, any service to any third party or any use that causes a reduction or loss of business for Erggo as related to an existing or potential customer; (h) cheating or plagiarizing; (i) any resale or commercial use of the Site, the Site Materials, or the User Content; (j) using the Site to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including any commercial purposes; or (k) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. You may use the Site and the Site Materials for your own personal, noncommercial use, or in ways otherwise consistent with these Terms. You agree to use the Site only for the purpose and manner for which it was specifically designed; any other use of the Site or Site Materials without prior written permission of Erggo is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to Erggo and that in the event of such unauthorized use, Erggo shall be entitled to an injunction in addition to any other remedies available at law or in equity.
6. Third Party Websites and Content.
Erggo is a private company and is not affiliated with any Publisher or Vendor. The Site may contain links to other websites or feature services of third parties (including, without limitation, Eljin Productions, Inc.) for the convenience of users: (a) in locating information, products, or services that may be of interest; or (b) with performing or receiving the Services, and complying with any requirements associated with such transactions. Use of such third party links or third party services on or made available through the Site is entirely at your own risk. Erggo does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party websites or services is at your own risk, and subject to the terms and conditions of such third parties. Erggo does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Site.
You hereby acknowledge that the confidential business materials and other non-public information, including, but not limited to, financial information, business relationships, and other trade secrets (“Confidential Information”) of Erggo may be disclosed to you during your use of the Site or during your use of or performance of the Services. You will not, at any time, during or after the term of this Agreement, directly or indirectly, copy, use, disclose, release or publish any such Confidential Information, except as expressly required or authorized by Erggo. You will exercise reasonable precautions in maintaining the confidentiality of Erggo’s Confidential Information, and will not disclose such Confidential Information to third parties without Erggo’s express written permission. You acknowledge that you may have access to certain Confidential Information which may be fixed in a tangible medium or form of expression, including but not limited to, lists of Publishers and prospective Publishers, manuscripts, notes, databases, documentation, tapes, disks, and copies thereof. You hereby acknowledge that all such items, media, and all copies thereof are and shall remain the exclusive property of Erggo or Publishers, as the case may be. You shall deliver or return all such property, copies, media or items to Erggo at its request, and in any event immediately upon termination of your account. In the event that any person furnishing Confidential Information of any kind to Erggo requires assurances of protection of confidentiality be given by you, you will, at Erggo’s request, execute appropriate documents containing covenants providing for such protection. Because the life of Confidential Information may extend indefinitely, this provision shall continue perpetually.
Erggo, its subsidiaries, affiliates, and licensors, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services (whether performed by Erggo or any third party), links, advertisements, or other items contained within or made available through the Site. For avoidance of doubt, Erggo disclaims any and all responsibility for the services or products provided by any Vendor, and Erggo disclaims any and all responsibility for the failure of any Vendor to perform any services or provide any goods. Erggo reserves the right to immediately remove any Site Materials or User Content for any reason, or for no reason. Erggo cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site, or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of the Site, Site Materials, User Content, or Services and that you may not rely on such Site, Site Materials, User Content, or Services.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. ERGGO AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
9. LIMITATION OF Liability.
ERGGO AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR ERGGO HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ERGGO AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ERGGO AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site or with any of these Terms, or feel Erggo has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
You shall indemnify Erggo and its directors, officers, employees, agents, contractors and licensors (“Erggo Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to Erggo), or any breach by you of these Terms and shall indemnify and hold Erggo Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Erggo. Erggo or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Erggo or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Erggo, subject to the right of Erggo to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
11. Internet Security.
Erggo uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Erggo will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Erggo shall not be liable to you for any modification, suspension, or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Erggo via the Site or the internet, including, for example, personal information such as your name or address.
12. Complaint Procedures.
If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify Erggo via e-mail to email@example.com
with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
13. Changes to these Terms; Termination.
Erggo reserves the right at any time to modify, alter or update these Terms. Erggo will notify you on the Site or by email of any new or revised Terms, including information regarding the location of the new or revised terms and conditions. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. Erggo may suspend or terminate your account and/or your ability to use the Site, or any services on the Site for failure to comply with these Terms, for providing Erggo with untrue or inaccurate information about yourself, for infringement upon Erggo proprietary rights, or for any other reason whatsoever or for no reason.
You may not transfer or assign any of your rights or obligations hereunder to any other party in any manner (by assignment, operation of law or otherwise) unless you have obtained written consent from Erggo. If you attempt to transfer or assign any of your rights or obligations hereunder without Erggo’s consent, the transfer or assignment will be ineffective, null, and void (and you will be in material breach of these Terms).
15. Governing Law and Jurisdiction.
These Terms represent the entire agreement between you and Erggo with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations (including but not limited to any representations made in any marketing or promotional materials related to the Site or the Services made available through the Site), understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to: (a) the exclusive jurisdiction of the state courts located in Westchester County, New York and the federal courts of the Southern District of New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
The Site is controlled and operated from within the United States. Without limiting anything else, Erggo makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Erggo to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
Dated: November 15, 2015
Copyright © 2017 Erggo, Inc.; All rights reserved.