Terms & Conditions
Welcome to Ergosift! This Terms & Conditions (“Agreement” or “Terms”) is a contract between you and Ergosift. (collectively, “Ergosift,” “we,” “us,” or “our”), governing your access to and use of our website at ergosift.com(the “Site”), as well as any other websites, pages, features, or content owned and operated by us that hyperlink to this Agreement (collectively, the “Services”).
By using our Site or making a purchase through our sales team in the USA or globally, you agree to be bound by these Terms, which include important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that may apply to you or your company.
Copyright and Trademarks
Intellectual Property Rights: All content, information, designs, layouts, logos, trademarks, and other intellectual property contained on this website are protected by copyrights, trademarks, and other intellectual property rights held by Ergosift or by third parties who have granted us the license to use them.
Usage Restrictions: By accessing this website, you agree to use its content in a way that does not infringe upon these rights.
Order Terms
Purchase of Products: You may purchase Products through our online store at Ergosift.com or via a Ergosift sales representative. Product descriptions are provided for convenience, and accuracy is not guaranteed. Your sole remedy for a product that does not match its description is to return the item as outlined in our return policy.
Payments: You authorize us (or our third-party payment processor) to charge you for the transaction. You must provide accurate payment details and ensure you have sufficient funds. Ergosift is not responsible for online payment processing issues or fees charged by your card issuer.
Order Acceptance: Receipt of an order confirmation does not mean we have accepted your order. Ergosift may accept or decline orders at our discretion.
Order Cancellation: To cancel an order, contact us within 1 hour of placing the order and before 12pm Central Time. If the order has not yet shipped, we will issue a full refund. Orders cannot be canceled after 1 hour and must be returned through our Return Merchandise Authorization (RMA) process. Shipping costs for returned items will be deducted from your refund.
Prices and Promotions: Prices are displayed in US dollars and are subject to change. Promotions are governed by their own terms, which take precedence over these Terms if there is a conflict.
Shipping: Products will be shipped to the address provided during checkout. Title and risk of loss pass to you when the products are handed over to our shipping partner.
Returns: Returns are subject to Ergosift’s return policy, available on our website.
Third-Party Products: Products from third parties are sold at your own risk. Ergosift assumes no responsibility for these products.
Goods Not for Resale or Export: You agree to use the Products for personal or household purposes only and not for resale or export.
Linking Terms
Linked Sites: Ergosift does not guarantee the content or functionality of websites linked from Ergosift.com or those linking to our site. Responsibility for Linked Sites rests with their respective operators.
Linking to Us: If you wish to link to Ergosift.com from another website, you must obtain prior permission from us. Requests should be sent via our contact form. Any link should direct to our homepage and clearly indicate that it is a link to our site.
Linking Terms
Linked Sites: Ergosift does not guarantee the content or functionality of websites linked from Ergosift.com or those linking to our site. Responsibility for Linked Sites rests with their respective operators.
Linking to Us: If you wish to link to Ergosift.com from another website, you must obtain prior permission from us. Requests should be sent via our contact form. Any link should direct to our homepage and clearly indicate that it is a link to our site.
Governing Laws
Jurisdiction: These Terms and any disputes arising from or relating to them will be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. Any legal action between you and Ergosift that is not subject to arbitration or cannot be resolved in small claims court will be brought exclusively in the state and federal courts located in Wilmington, Delaware.
Dispute Resolution
Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, the Products, or your relationship with Ergosift will be resolved exclusively through mandatory binding individual arbitration, not in a court of law, except for disputes eligible for small claims court or those involving injunctive or other equitable relief related to intellectual property rights ("Excluded Disputes"). You and Ergosift waive the right to a jury trial and to participate in any class, consolidated, or representative action.
Informal Resolution: If a dispute arises, you must notify Ergosift in writing at least 30 days before initiating arbitration to attempt an informal resolution. If the dispute cannot be resolved within that period, either party may commence arbitration through the American Arbitration Association (AAA) under its Consumer Arbitration Rules or the International Centre for Dispute Resolution Canada (ICDR Canada) for Canadian customers.
Costs and Confidentiality: Ergosift will cover arbitration fees for claims under $10,000 unless the claim is found to be frivolous. Arbitration proceedings, judgments, and awards will be confidential, except as required by law.
Class Action Waiver: You may only bring claims in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator has no authority to conduct a class arbitration or any other type of representative proceeding.
Severability: If any part of this dispute resolution clause is found to be unenforceable, the remaining provisions will remain in effect, except that claims that must proceed on a class or representative basis must be litigated in a civil court and not in arbitration.
Content Ownership and Rights
Content Ownership and Rights
Ownership: Ergosift does not claim ownership of your User Content. However, by posting User Content, you grant Ergosift a non-exclusive, worldwide, royalty-free license to use, copy, modify, create derivative works, distribute, publicly display, and perform your User Content for the operation and promotion of Ergosift services. This license continues even after you stop using our services.
Intellectual Property: Ergosift owns all rights, titles, and interests in and to its services and content, including all associated intellectual property rights. This includes trademarks, service marks, and logos (“Ergosift Trademarks”), which cannot be used without prior written consent. All goodwill generated from the use of Ergosift Trademarks benefits Ergosift.
Limited License to Users: Ergosift grants you a limited, non-exclusive, non-transferable license to access and view the content provided by Ergosift for your personal, non-commercial use, subject to your compliance with this User Agreement.
User Responsibilities
Content Accuracy and Lawfulness: You are responsible for ensuring that your User Content is accurate, complete, and complies with all applicable laws. You represent that your User Content does not infringe on the rights of any third party, including intellectual property rights, and does not violate any laws or contractual obligations.
Sponsored Content: Occasionally, Ergosift may present content sponsored by third parties. This content will be clearly identified, and your interactions with such content are governed by this User Agreement and any additional terms provided by the sponsor.
Modifications to the Agreement
Updates and Changes: Ergosift reserves the right to modify or update this Agreement at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Services after any such changes indicates your acceptance of the new terms.
Contact Information
Questions or Concerns: If you have any questions or concerns regarding these Terms & Conditions, please contact us at Ergosift@gmail.com.
