Please read this agreement carefully before signing and/or downloading any files. By doing so you indicate you have read, agreed to, and accepted the belowTERMS OF USE & LICENSING AGREEMENT. You ALSO understand and agree that you have obligated your company to pay for the services rendered.

Terms of Use Licensing Agreement for Ergofit Consulting, Inc.’s

Shared Desk Ergo Tips Cards & QR Code digital materials

All materials are protected as the copyright and/or intellectual property owned by ErgoFit Consulting, Inc. (“ErgoFit”). ErgoFit Consulting, Inc. grants a limited, NON-transferable license to use ErgoFit Consulting, Inc.’s Shared Desk Ergo Tips Cards & QR Code supplied digital materials (Product) to/for your family or employees only. Cost shall be $225 + tax.

Information obtained shall not be used, divulged, furnished, or made accessible to third parties without the written permission of ErgoFit Consulting, Inc. These confidentiality constraints shall be binding and have precedence over business matters with third parties that may compete with the interests of the other party to this Agreement.

Ownership and Rights

All right, title, and interest in all components of this Product and all Intellectual Property (including without limit patents, copyrights, authors’ rights, trademarks, trade dress, mask works, trade names, know-how, trade secrets, privacy rights, publicity rights and other intellectual property and proprietary rights, irrespective of whether such rights arise under U.S. or international intellectual property, unfair competition or trade secret laws) which ErgoFit Consulting, Inc. conceives or originates, either individually or jointly with others, and which are based on, related to, or making use of the performance of services under this Agreement will be the property of ErgoFit Consulting, Inc.

This Product is licensed to you for use under the following conditions:

This License and your right to use the Product automatically terminates if you fail to comply with any provision of this Agreement, or any terms and conditions associated with the license of this Product.

Prohibited Uses.

You may not transfer, distribute, rent, sub-license, or lease the Product or documentation, nor may you alter, modify, reverse engineer, or adapt the Program or Product or documentation, or portions thereof including, but not limited to, translation, decompiling, disassembling, or creating derivative works.

You may not make copies of the Product or documentation, or portions thereof, or electronically transfer the Product, to any outside parties or divisions.

You may not export the Product in violation of any United States export laws.

You may not reproduce materials in advertising or in other publications. No other commercial or non-commercial use of the ErgoFit Product is permitted.

This License does not extend to any other party than your family OR your employees.

Permitted Uses. You agree to abide by the conditions of the sale of the Program and Product, which are:

You agree to use this Product only for use by your family OR your employees.

You are permitted to print the Product materials for personal use.

If you are an employer, your company is permitted to upload the Product materials to your company’s internal network drive for use by your employees only. Your company's I.T. department must create a landing/access page with a copyright acknowledgement.

Example:

These documents are copyright protected intellectual property. Using them in any manner automatically abides your company and its employees/agents to the following.

ErgoFit has copyright for each of the documents in the Shared Desk Ergo Tips Cards & QR Code and the related protection laws. By using this Product, you automatically agree to abide to the conditions and uses outlined below:

Permitted Uses. Only you, as an employee of your company, may use the Product developed and provided by ErgoFit Consulting, Inc.

Prohibited Uses.

You may not transfer, distribute, rent, sub-license, or lease the Product, nor may you alter, modify, reverse engineer, or adapt the training documents, or portions thereof including, but not limited to, translation, decompiling, disassembling, or creating derivative works.

You may not make copies of the Product, or portions thereof, or electronically transfer the training documents, to any outside parties.

You may not export the Product in violation of any United States export laws.

You may not reproduce the Product in advertising or in other publications. No other commercial or non-commercial use of the Product is permitted.

All right, title, and interest in any work product and all Intellectual Property (including without limit patents, copyrights, authors’ rights, trademarks, trade dress, mask works, trade names, know-how, trade secrets, privacy rights, publicity rights and other intellectual property and proprietary rights, irrespective of whether such rights arise under U.S. or international intellectual property, unfair competition or trade secret laws) which ErgoFit Consulting, Inc. conceives or originates, either individually or jointly with others, and which are based on, related to, or making use of the performance of services under this Agreement will be the property of ErgoFit Consulting, Inc.  

Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS IS DELIVERED “AS IS” AND ERGOFIT MAKES NOWARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT EITHER PARTY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING, AND WHETHER REGARDING OR RELATING TO PRODUCTS, SERVICES OR ANY OTHER DELIVERABLES OR MATERIALS PROVIDED BY EITHER PARTY UNDER THIS AGREEMENT.

ErgoFit does not warrant that the Product contents will meet your requirements or are fit for any particular purpose. ErgoFit does not warrant or make representations regarding the use or the results of the use of the Product or its contents in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

ERGOFIT WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. ERGOFIT’S ENTIRE LIABILITY ARISING FROM THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE TOTAL COMPENSATION PAID BY CLIENT HEREUNDER.

WE DO NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT IT’S OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. WE EXCLUDE AND EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ERGOFIT’S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE PAID. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS, OR IMPLIED. Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so that the above limitation or exclusion may not apply to you.

Jurisdiction

ANY DISPUTE ARISING FROM THESE TERMS SHALL BE RESOLVED EXCLUSIVELY IN THE STATE AND FEDERAL COURTS OF THE STATE OF WASHINGTON.