The following are the “Terms and Conditions” for Prevention Pro (hereinafter “PP”), a premium MSD prevention resource center brought to you by Ergonomics Plus Inc. (hereinafter “EP”). These are the terms and conditions under which EP provides this resource including all content, materials and files.
By purchasing PP, the purchaser agrees to be bound by these “Terms and Conditions”, so please read them carefully. If you do not agree with any of these terms and conditions, please do not purchase this product. EP reserves the right to modify, update, or alter these “Terms and Conditions” without prior notice at any time. EP also reserves the right to change, update or discontinue any aspect of the PP website including content, materials and files at any time without notice.
Section 1 – Fees and Payments
You agree to pay EP in accordance with the pricing and payment terms presented to you for PP content, materials and files. Payment is made without any reduction for taxes, and you are responsible for any taxes (excluding EP’s income tax) or duties associated with the purchase.
If within 30 days after purchasing PP you are not satisfied with its content, materials and files for any reason, you are entitled to a full refund. To make such a request, you may contact EP by e-mailing us at firstname.lastname@example.org. Refund requests will be granted on the condition that you verify in writing that all content, materials and files obtained from PP will be deleted and will never be used.
Section 2 – Single User Access
The purchase of PP from EP grants you, the User, a SINGLE USER LICENSE to access and use the content, materials and files at a single facility. Access to PP content, materials and files is for authorized users ONLY and may not be shared. You must not intentionally or unintentionally make the content, materials and files available on any web server, file server, file sharing network, shared directory, or other location where any other person can acquire a copy of the PP contents and files. You agree to use your best efforts and take all reasonable steps to safeguard all PP content, materials and files, and you are responsible for keeping the PP content, materials and files safe from being copied by others. Access to PP content, materials and files is not assignable or transferable. Multiple User licenses for PP may be granted at the discretion of EP, please contact EP for information regarding obtaining a Multiple User license.
Section 3 – Intellectual Property Rights
The PP website, PP content, materials and files, as well as the compilation (meaning the collection, arrangement, and assembly) of the content, materials and files are the property of EP and are protected by copyrights and other proprietary rights. EP grants to User the right to access and use the PP content, materials and files, and to modify for your use, so long as such use is for developing and executing a MSD prevention program at a single facility, and User does not copy, disseminate, redistribute, republish, or sell any feature of the PP website, contents, materials and files.
Section 4 – Disclaimers and Limitations of Liability
While EP intends to provide you with a great experience when using the PP website and all content, materials and files therein, there are certain things we do not promise.
Although we will do everything in our control to keep the PP website and its content, materials and files available at all times, they may be unavailable from time to time for various reasons.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PP SERVICES INCLUDING ALL CONTENT, MATERIALS AND FILES ARE PROVIDED “AS IS” AND EP DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE PRODUCTS AND SERVICES.
Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EP, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE PP PRODUCTS AND SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF EP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF EP, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE PP PRODUCTS AND SERVICES AND THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU TO EP FOR USE OF THE PP PRODUCTS AND SERVICES.
User agrees to indemnify and hold harmless EP and its affiliates, agents, officers, directors, and employees from and against any and all liability, loss, claims, damages, costs, and/or actions (including attorneys’ fees) arising from the use of any product or materials obtained from EP.
Section 5 – Privacy Statement
User’s right to privacy is of great importance to EP. When you register to use our PP service, we may ask you to provide your name, organization, email address, and other related information. EP will use this information to provide you with a more personalized experience and, where applicable, to process orders. EP will not share this information with any third party, ever.
Section 6 – Governing Law
These TERMS AND CONDITIONS and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the state of Indiana, without regard to its conflicts of law principles. User consents to the jurisdiction of the courts of the state of Indiana.