You understand and agree that ERC may modify these Terms at any time without prior notice and such modifications will be effective upon ERC’s posting of the new Terms on the Website. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the ERC Website after any modifications indicates your acceptance of the modified Terms.
While the information contained on the Website is periodically updated, ERC makes no representations, warranties, or guarantees of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the information, products, services, or related graphics contained on the Website for any purpose. All information published by ERC is subject to change without notice. Any reliance placed on information obtained from the Website is strictly at your own risk. In no event will ERC be liable for any loss or damage arising out of or in connection with the use, reference to, or reliance on any information contained within this Website.
Nothing on this Website should be taken to constitute professional advice, medical advice, or a formal recommendation. Inclusion of a product within ERC’s Website does not constitute an endorsement by ERC of the Companies or their products. While ERC believes that the use of such data in decision-making can reduce risk, and every effort has been made to ensure the accuracy of information presented, it must be pointed out that data sometimes contains errors. Users are directed to countercheck facts when considering the use of those facts in this and other applications.
The Website is dynamic, which means information may change based on new information, or other factors. The Website is provided solely for your personal, non-commercial use. It is meant to help consumers make informed choices and decisions about products. Unless explicitly authorized in writing by ERC, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, distribute, or use as marketing materials in any manner or medium any material from the Website.
Through ERC’s Website you may be able to link to other websites which are not under the control of ERC. ERC has no control over the nature, content, and availability of those sites. The inclusion of any links on ERC’s Website does not necessarily imply a recommendation or endorse the views expressed within those sites. This provision includes search engine driven websites that may cache older images or information to the public. In no event will ERC be liable for third party links or information provided in connection with third party websites.
You agree to indemnify and hold ERC and its directors, officers, agents, contractors, partners, attorneys, and employees harmless from and against any damage, loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation, or proceeding made or instituted by any third party due to or arising out of your use of the ERC Website.
In order to use the ERC Website, you must be 13 years of age or older. If you are 13 years of age or older but less than 18 years old, you must request permission from your parent or guardian before accepting these Terms or using the ERC Website.
All text, video, audio, sound, graphics, software, information, and other materials made available as part of the ERC Website, including but not limited to the look and feel of the Site and the Apps, are protected by copyright, trademark, and other intellectual property laws, and are owned solely by ERC and its licensors. Except as expressly set forth in these Terms, you may not use, copy, distribute, display, or modify the ERC Website.
You agree to access the ERC Website only through the interface that is provided by ERC. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders, or screen scraping tools, to access, monitor, download, or copy any part of the ERC Website, unless ERC has provided prior written consent.
ERC has the perpetual, unrestricted right to use and disclose any questions, comments, suggestions, ideas, feedback, or other information relating to modifying or improving the ERC Website (“Feedback”), provided by you to ERC, whether solicited or unsolicited.
ERC make no representations that the ERC Website is appropriate or legally available for use in locations outside the United States. If you are accessing the ERC Website from outside the United States, you are solely responsible for complying with all applicable laws.
These Terms shall be governed by and construed in accordance with the substantive laws of the State of California, USA, without reference to conflicts of law provisions. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration in San Francisco, California, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment, and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. ERC reserves the right to seek any interim, preliminary, or other equitable relief from a court of competent jurisdiction as necessary to protect its rights or its property or the rights or property of its agents, suppliers, and subcontractors.
In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms shall be brought and heard in the California state courts located in San Francisco County. In such an event, you consent to the personal jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by facsimile, or by first class mail.
ERC may terminate or suspend your access to the ERC Website and these Terms at any time without notice if you breach any provision of these Terms. In the event of termination, those Sections in these Terms that provide for continuing obligations on your part shall survive indefinitely.
Both you and ERC agree that no partnership, agency, joint venture, or employment relationship is formed between you and ERC by your use of the ERC Website and that you do not have the power or the authority to obligate or bind ERC. These Terms set forth the entire agreement between you and ERC pertaining to your use of the ERC Website. If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms shall continue in full force and effect. ERC’s failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.
If you do not agree to or are not able to abide by these Terms, you have no right to access or use the ERC Website.
Should you have additional information regarding this disclaimer or any information contained within the Website, you may contact ERC directly via email at: firstname.lastname@example.org or via phone at: 619-500-6434.