ERG DUDE – TERMS AND CONDITIONS

IMPORTANT PLEASE READ BEFORE USING THIS APP.

BY USING THIS APPLICATION (THE “APP”) ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER COMPATIBLE DEVICE (COLLECTIVELY, “DEVICE”), YOU HEREBY AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY OTHER APPLICABLE LAW. POWER TEN DEVELOPMENT, LLC (“ERG DUDE”) MAY CHANGE THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, EFFECTIVE UPON ITS POSTING TO THE APP. THE CONTINUING USAGE OF THIS APP MEANS THAT YOU READ, UNDERSTOOD, AND ACCEPTS TO THE REVISED TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THIS APP.

LICENSE GRANT

We grant to you a non-exclusive, non-transferable license to use this App for your personal and non-commercial use or as permitted in these terms and conditions or otherwise authorized in writing. This license is limited to you. You may not assign or grant a sublicense of or commercially exploit, grant a security interest over, or otherwise transfer your rights to use this App unless we have explicitly granted the license rights or otherwise.

LICENSE LIMITATIONS

You may use the Content (of this App) only for your own non-commercial use to use the App. You agree not to change or delete any ownership notices from materials downloaded or printed from the App. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the App, including Personal Information without our prior written consent, unless it is your own Personal Information. You agree not to use any data mining, robots, scraping, or similar data gathering methods. Nothing in these Terms and Conditions shall be interpreted as granting any license of intellectual property rights to you.

INTELLECTUAL PROPERTY

All intellectual property on the App is owned by Power Ten Development, LLC or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks, and trade names are owned, registered, and/or licensed by Power Ten Development, LLC. All content on the App, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content is a collective work under the United States and other copyright laws and is the proprietary property of Power Ten Development, LLC.

PHYSICAL ACTIVITY NOTICE

The App may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. We are not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the App.

PERSONAL INFORMATION

To use the App, you may be asked to provide certain personal information, including information about your weight, age, and gender, to optimize your use of the App. If you choose to provide such Personal Information, you agree to provide accurate and current information about yourself, and we will not be responsible for any injury related to any Personal Information you submit to the App or omit. The use or disclosure of any Personal Information you supply will be governed by our Privacy Policy for this app.

THIRD-PARTY

The App may contain links and addresses to other websites, applications, or other products or services operated by other companies (“Third Party Platforms”). This App works in conjunction with Concept2 Rower and PM5 Monitor (collectively “Rower”).

MOBILE SERVICES

The App contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using this App through mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us.

HOLD HARMLESS

You agree to indemnify, defend, and hold harmless POWER TEN DEVELOPMENT, LLC its owners, affiliates, officers, employees, agents, and licensors from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, attorneys’ fees, arising from or relating in any way your use of the App, or any violation of these Terms and Conditions, any law or the rights of any third party.

OPEN SOURCE INFORMATION

ERG DUDE USES HANDYUIKIT LICENSED UNDER THE MIT LICENSE

https://github.com/Flinesoft/HandyUIKit

Copyright (c) 2015-2018 Flinesoft
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

PRIVACY

Our Privacy Policy, which is incorporated into these Terms and Conditions by this reference, further describes the collection and use of information on this App.

WARRANTY DISCLAIMER

POWER TEN DEVELOPMENT, LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY PERSONAL INFORMATION POSTED ON THE APP OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE APP. THE APP IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, POWER TEN DEVELOPMENT, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. POWER TEN DEVELOPMENT, LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE APP. POWER TEN DEVELOPMENT, LLC DOES NOT REPRESENT OR WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS APP OR THE SERVER THAT MAKES THE APP AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. TO THE FULLEST EXTENT PERMITTED BY LAW, POWER TEN DEVELOPMENT, LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER DEVICE IN WHICH YOU ACCESS THE APP, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. POWER TEN DEVELOPMENT, LLC RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE APP AT ANY TIME WITHOUT NOTICE.

LIMITATION OF LIABILITY

POWER TEN DEVELOPMENT, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THIS APP EVEN IF POWER TEN DEVELOPMENT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP. YOUR ONLY REMEDY AGAINST POWER TEN DEVELOPMENT, LLC FOR USE OF THE APP OR ANY CONTENT IS TO STOP USING THE APP. IN THE EVENT THAT POWER TEN DEVELOPMENT, LLC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APP OR ANY CONTENT, POWER TEN DEVELOPMENT, LLC’S LIABILITY SHALL NOT EXCEED THE AMOUNT THAT YOU HAVE PAID US OR $5.00 WHICHEVER IS LESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GOVERNING LAW

These terms and conditions shall be governed by the laws of the United States applicable therein. For EU users, GDPR rules shall form part of this Agreement.

STATUTE OF LIMITATION

Any cause of action or claim you may have with respect to the must be commenced within one (1) year after the claim or cause of action arises otherwise forever barred to file such claim.

ELECTRONIC COMMUNICATION

By using the App, you agree to receive certain electronic communications from POWER TEN DEVELOPMENT, LLC. You agree that any notice, agreement, disclosure or other communication that POWER TEN DEVELOPMENT LLC sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

SEVERABILITY

If any provision in these Terms and Conditions is held invalid, the remainder of these Terms and Conditions shall continue to be enforceable. If any provision in these Terms and Conditions is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and Conditions and the remaining provisions are still valid and enforceable.

TERMINATION

POWER TEN DEVELOPMENT, LLC reserves the right in its sole discretion to terminate your account, delete your profile and any of your Personal Information, and restrict your use of all or any part of the App for any or no reason, without notice, and without liability to you or anyone else. POWER TEN DEVELOPMENT, LLC also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the App. These Terms and Conditions remain in effect even after your account is terminated. The Terms and Conditions relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability, and terms that by their nature may survive termination shall survive any termination.

CONTACT INFORMATION

For any concerns, please contact us at:

Email: neil@powertendevelopment.com

%d bloggers like this: