1. Overview
(a) Equilibria Parties
References in these General Terms and Conditions of Use ("Terms and Conditions") to "Equilibria & FIT”, "us" or "we" are collectively to Equilibria Services Pte. Ltd., a Singapore company (“Equilibria”), its affiliates and Fisher IT, Inc. (FIT), a Native American-owned and veteran-owned company based in North Carolina, USA. (“FIT”), and references to the "Equilibria Group" are to Equilibria and E-Colors In Education, Inc., a Texas non-profit corporation and IRS-registered public charity with which Equilibria has certain licensing and related arrangements.
(b) Legally Binding Agreement
These Terms and Conditions set out the legally binding agreement between Equilibria & FIT and each user of the www.error-reduction.com website (our "Website") or, except to the extent superseded by another agreement between Equilibria, FIT and/ or Equilibria & FIT and the user relating to any Equilibria & FIT services or materials.
2. Equilibria Privacy Policy
These Terms and Conditions incorporate Equilibria & FIT 's privacy policy, available at http://www.error-reduction.com/privacy-policy.html, which apply and form a part of these Terms and Conditions to the same extent as if set out herein.
3. Intellectual Property Rights
(a) Copyright
You should assume that all content on our Website is protected by copyright except where otherwise indicated and may be used only as provided in these Terms and Conditions. Text and images are either Equilibria & FIT 's property or are used by Equilibria & FIT with permission. You may not directly or indirectly use any such text or images unless specifically permitted to do so under these Terms and Conditions or applicable terms and conditions on our website [error-reduction.com]. Any unauthorized use of such test or images may be in violation of copyright, trademark, publicity and/ or privacy laws.
(b) Trademarks
Trademarks, logos and service marks ("Trademarks") displayed on our Website are either Equilibria & FIT 's, Equilibria’s, FIT’s or a third parties' property. You may not directly or indirectly use any Trademarks without the prior written consent of Equilibria & FIT, Equilibria, FIT or the third party owner, as applicable. Certain Trademarks including AERO™ are the property of Equilibria & FIT, certain other Trademarks are the property of FIT, and certain other Trademarks including Equilibria™, E-Colors™, Personal Intervention™, 8 Essentials™, Intentionality Suite™, E-CHP™ and Observation System™ and all others used on our Website are the property of Equilibria or third parties.
(c) Information Rights
Nothing in these Terms and Conditions grants or implies any right or license with respect to any of data or information on our Website. You agree that all right, title and interest in and to such data and other information belong to Equilibria & FIT, Equilibria, FIT or a third party, and that nothing in these Terms and Conditions or any other agreement or your use of our Website or any Equilibria & FIT, Equilibria or FIT services or materials will cause you to acquire any ownership, license or other right of any kind in any of Equilibria & FIT 's Information.
(d) Injunctive Relief
If you attempt to improperly use any of Equilibria & FIT 's, Equilibria’s or FIT’s information Equilibria & FIT, Equilibria or FIT, as applicable, shall have the right, in addition to such other remedies which may be available to it, to the remedy of injunction, specific performance or other equitable relief enjoining or otherwise prohibiting such acts or attempts, it being acknowledged that legal remedies are inadequate.
4. Links to Other Websites
Any links to other websites contained in our Website are provided solely as a convenience to you, neither Equilibria nor FIT endorses the contents of any such website and may terminate any such link at any time. Such websites are not under Equilibria & FIT’s control, and neither Equilibria nor FIT are responsible for their content. You access such websites entirely at your own risk.
5. User Conduct
(a) Duplication or Tampering
You agree that you will not, directly or indirectly, unless expressly authorized in writing by Equilibria & FIT in each instance, (1) distribute, use or make copies of, or otherwise duplicate any materials contained on our Website, except as expressly permitted under these Terms and Conditions;
(2) make our Website or any text, images, other materials or services available on or accessible through our Website, available to any third party; (3) sell, loan, rent, lease, license, sublicense, distribute, transmit or share in any manner our Website or any portion thereof, or create any Internet link to our Website or any portion thereof; (4) frame or mirror the text, images, other materials or services available on or accessible through our Website on any other server or Internet-based equipment; (5) cause or permit the reverse engineering, disassembly, decompilation of, or any other attempt to derive any software comprising or available through our Website, except as permitted by law; (6) remove, alter or amend or otherwise tamper with any titles, Trademarks, copyright, restricted rights notices or other proprietary rights legend, or any license agreement, included or provided with our Website.
(b) Unauthorized Access or Transmission
You agree not to use our Website (1) to harvest, collect, gather or assemble any materials of any kind except for internal, noncommercial use; (2) to harvest, collect, gather or assemble information or data regarding other users, including email addresses without their consent; (3) to transmit or post any material or information which is unlawful, abusive, harassing, tortuous, defamatory, threatening, harmful, abusive, invasive of another’s privacy, vulgar, obscene or otherwise objectionable; (4) to transmit any material that may infringe the intellectual property rights or the rights of third parties; (5) to transmit any material that contains software viruses or other harmful or malicious computer code, files or programs; (6) to interfere with or disrupt servers or networks connected to our Website or violate the regulations, policies or procedures of any such network; (7) to attempt to gain unauthorized access to our Website, other accounts, computer systems or networks connected to our Website, through password mining or any other means; or (8) to harass or interfere with another user’s use and enjoyment of our Website or any other website or network.
6. Age Restriction
Only individuals who are at least thirteen (13) years of age may use any portion of our Website that requires the user to provide any personal identification information. Your provision of any personal identification information onto our Website constitutes your representation and warranty to FIT & the Equilibria Group that you are at least thirteen (13) years of age.
7. Disclaimers
(a) Materials, Information and Services
ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH OUR WEBSITE OR OTHERWISE SUPPLIED BY EQUILIBRIA & FIT ARE PROVIDED "AS IS". EQUILIBRIA & FIT DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
(b) Website
EXCEPT AS MAY OTHERWISE BE PROVIDED BY LAW, EQUILIBRIA & FIT DO NOT WARRANT THAT THE CONTENT OF OUR WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT OUR WEBSITE WILL BE AVAILABLE AT ANY GIVEN TIME OR PHYSICAL LOCATION; THAT ANY PARTICULAR DEFECT OR ERROR WILL BE CORRECTED WITHIN ANY GIVEN TIME OR AT ALL; OR THAT THE CONTENT OF OUR WEBSITE IS FREE OF VIRUSES OR ANY OTHER HARMFUL SOFTWARE. YOUR USE OF OUR WEBSITE IS SOLELY AT YOUR OWN RISK.
8. Limitation of Liability
TO THE GREATEST EXTENT PERMITTED BY LAW, NEITHER EQUILIBRIA NOR FIT NOR ANY OF THEIR CONTRACTORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS RESULTING FROM THE USE OF OR INABILITY TO USE OUR WEBSITE OR ANY EQUILIBRIA & FIT SERVICES OR MATERIALS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER GROUND, AND EVEN IF EQUILIBRIA AND/ OR FIT WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
9. Indemnity
You hereby indemnify and hold harmless Equilibria & FIT from and against any and all loss or damage suffered or incurred due to any breach by you of any of your obligations under these Terms and Conditions. Damages shall include any and all costs, expenses and attorney’s fees incurred by Equilibria & FIT, on a full indemnity basis and as incurred, in the enforcement of these Terms and Conditions.
10. Miscellaneous
(a) Changes To These Terms and Conditions
Equilibria & FIT may update these Terms and Conditions at any time. After each update we will revise the date at the end of this document. We encourage users to frequently check these Terms and Conditions for updates to them. You acknowledge and agree that it is your responsibility to review these Terms and Conditions periodically and make yourself aware of any and all updates to them.
(b) Acceptance of These Terms and Conditions
By using our Website, you indicate your acceptance of this Privacy Policy. If you do not agree to this Private Policy, please do not use our Website. Your continued use of our Website, following the posting of updates to this Privacy Policy, will be deemed to be your acceptance of this Privacy Policy as updated.
(c) Successors and Assigns
These Terms and Conditions is binding upon the Parties and their respective successors and assigns; provided, however, that (a) neither Party may assign or delegate any of its rights or obligations hereunder, and (b) Equilibria & FIT may assign and/or delegate all or any of its rights of obligations hereunder to any entity that acquires substantially all of its assets or shares.
(d) Invalidity
If any portion of these Terms and Conditions is found to be invalid or unenforceable for any reason, it is agreed that the invalidity or unenforceability shall not affect or invalidate any other portions of these Terms and Conditions. Any court of competent jurisdiction may so modify the objectionable provision as to make it valid, reasonable and enforceable.
(e) Waiver
No waiver of any default or breach of any agreement or provision herein contained shall be deemed a waiver of any other default or breach thereof or of any other agreement or provision herein contained.
(f) Entire Agreement
Except as specifically provided herein, these Terms and Conditions constitute the entire agreement between you and Equilibria & FIT and supersede any and all previous agreements and understandings with respect to the subject matter hereof.
(g) Headings
Clause, section or provision headings contained in there Terms and Conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
(h) References
Any reference to any statute or legislation shall, unless otherwise indicated, be a reference to the statute or legislation of Singapore and includes any statutory modification or re-enactment thereof.
(i) Singular and Plural
Words importing the singular include the plural and vice versa.
(j) Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed under the laws of Singapore. A person who is not a party to the contract subject to these Terms and Conditions shall not have any right to enforce any provision of such contact under the Contracts (Rights of Third Parties) Act (Cap. 53B). You submit to the exclusive jurisdiction of the courts of Singapore for any claim or action arising out of or relating to such contract, these Terms and Conditions and/ or your use of our Website or purchase or use of Equilibria & FIT services or materials.
This document was last updated on 16 October, 2017.