TERMS OF SERVICE

These Terms of Service (this “Agreement” or “Terms”) concern the online or digital properties, products, and services of Energy Royalty Partners LLC (“ERP”) described below; and constitute a legally binding contract between you (together with any person helping you visit, access or use any of those online or digital properties, products or services, “you” or “your”) and ERP (with you and ERP sometimes referred to herein each as a “Party” and together as the “Parties”).  The online or digital properties, products and services which are the subject of this Agreement include:

• The website(s) published by ERP that link(s) to this Agreement, including www.erptrs.com (each with its respective pages and features, the “Site”);
• The content services offered, published, distributed or transmitted by ERP on or through the Site (collectively, the “Service(s)”).

Please read these Terms carefully before accessing or using the Site or the Services because it constitutes a legally binding contract between you and ERP that applies to each and every Site and Service, even if you only visit, access or use only one Site or Service.  This includes the “Dispute Resolution” clause contained in these terms, which provides for binding arbitration and waivers of jury trials and class actions.

You are automatically accepting and agreeing to the most-recent version of these Terms whenever you visit, access or use the Site or Service; and your continuing visit, access or use of any of the forgoing reaffirms your acceptance and agreement in each instance.

If you do not accept and agree to these Terms in its entirety, then you are strictly prohibited from visiting, accessing or using any Site or Service.

ERP may supplement, amend or otherwise modify these Terms at any time.  Such modifications will be communicated to you through one or several methods as determined and selected solely by ERP.  Methods We commonly employ are (i) posting on this or another page of a Site; (II) emailing to the email address you provide to us.  Changes to the Terms shall be deemed effective as of their stated effective or modification date.  It is your responsibility to carefully review these Terms and ERP’s Privacy Policy each time you visit, access or use the Site or Service.

1.      Eligibility.  The Sites and the Services are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted these Terms.  By visiting, accessing or using the Site or Service, you represent and warrant to ERP that you meet these eligibility requirements.  You agree to comply with all applicable laws for visiting, accessing and using the Site and any Service, and for purchasing and using any products or services on or through the Site, and you may only use the Sites and Services for lawful purposes.

 

2.      User Accounts. 

a.       If you choose, or are provided with, a user name, password or any other piece of information as part of ERP security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password or other security information. You agree to notify ERP immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

b.      ERP has the right to disable any user name, password or other identifier, whether chosen by you or provided by ERP, at any time in ERP’s sole discretion for any or no reason, including if, in ERP’s opinion, you have violated any provision of these Terms.

3.      Confidential Information.  You agree that ERP’s confidential, secret and proprietary documents, materials, data and other information, in tangible and intangible form, of and relating to ERP and its businesses and existing and prospective customers, suppliers, investors and other associated third parties (“Confidential Information”) may be disclosed to you.  You agree to hold in confidence any such Confidential Information, to maintain such Confidential Information with reasonable care, and to refrain from disclosing or reproducing such Confidential Information without the prior written consent of ERP.  You agree that ERP’s Confidential Information is the sole, exclusive, and extremely valuable property of ERP.  You agree that your unauthorized use or disclosure of ERP’s Confidential Information will give rise to immediate and irreparable injury to ERP, which may not be adequately compensated by damages.  Accordingly, in the event of a breach or threatened breach of this section, ERP shall be entitled to injunctive relief restraining you from disclosing, in whole or in part, Confidential Information, without the necessity of bond. Nothing herein shall be construed as prohibiting ERP from pursuing any other remedies available to it for such breach or threatened breach.

4.      Privacy. 

a.       Privacy Policy.  ERP respects the privacy of others.  ERP’s policies concerning the collection and use of your personal information in connection with any of the Sites is set forth in ERP’s Privacy Policy, which you should carefully review each time you visit, access or use the Site or Service.

b.      Express Consent to Privacy Policy.  You hereby expressly consent to ERP and its affiliated entities collecting and using information about you (including your personal and non-personal information) as disclosed in ERP’s Privacy Policy.

5.      Your Devices.  Certain portions of the Site or certain Services may be configured for, and We may offer the Site or Services through, certain computers, tablets, smart phones or other electronic devices (“Device(s)”); and these Terms shall apply with equal force and measure to your visit, access and use of the Site, and/or the Services through such Devices.  You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly visit, access and use the Site or Service.  We do not guarantee that the Site or any of the Services or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier or network.  If you visit, access or use the Site or Service through a particular Device, then you hereby acknowledge and agree that information about your use of such Site or Service through that Device or its carrier or network (such as, by way of example only, the identity of your Device, or your Device’s carrier or network) may be communicated to ERP and/or certain third-parties (such as, by way of example only, your Device’s carrier or network).  All or any part of the voice, message and data fees, rates, charges and taxes of your Device’s carrier or network, or another third-party, may apply to your visit, access and/or use of the Site and/or Service.  We are not responsible for, and you further accept full responsibility for, all Device carrier and network fees, rates, charges and taxes which may apply, if any.

 

6.      Ownership.  The Site and the Services and all elements and derivatives of the foregoing (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by ERP.  In no event shall you have or retain any rights, titles or interests in or to the foregoing other than those limited rights expressly granted to you under these Terms.  No rights or permissions granted to you under these Terms are coupled with an interest.  Nothing contained in these Terms shall be construed as a waiver or limitation of ERP or its licensors’ respective rights and remedies under applicable law.

7.      Rights, Permissions, and Consents.

a.       License of the Site.  Subject to these Terms, We grant you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and view the various publicly displayed pages of our Sites, and to view the information and content found thereon.  Your unauthorized use of the Site or the Services, or any breach by you of these Terms, automatically terminates this license.

b.      License of the Services.  Subject to compliance with these Terms, We grant you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and use the Services made available on or through the applicable Site for your personal, non-commercial use only.  For the avoidance of doubt, the foregoing license does not grant you any right to reproduce (other than ERP-permitted downloads, if any), publicly perform, publicly display, publish, distribute, transmit or create derivatives of the Services or any elements or derivatives thereof (including, without limitation, or any content, information, source codes, object codes, data or documentation found thereon or therein, in whole or in part), and you are prohibited from engaging in any such activities.  For the further avoidance of doubt, ERP may, from time-to-time, conduct certain audit, repair, modification or testing activities in relation to the Site and/or the Services for purposes of developing, operating, improving, researching, troubleshooting, repairing, updating or modifying the foregoing; and ERP reserves the right, but not the obligation, to perform such activities without notice to you, and to exclude you from those activities without notice to you.  Your unauthorized use of the Site or a Service, or any breach by you of these Terms, automatically terminates this license.

c.       Our Proprietary Content. 

i.        Each Site and Service is owned and operated by Us and contains material which is derived in whole or in part from material supplied by Us or our affiliates, subsidiaries and partners, as well as other sources, and is protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual  laws. Each Site also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on each Site and in the Services. You acknowledge that each Site and Service has been developed, compiled, prepared, revised, selected, and arranged by Us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Us and such others. You agree to protect all such proprietary rights of Ours and all others having rights in the Site or Service during and after the term of these Terms and to comply with all reasonable written requests made by Us or our suppliers and licensors of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in each Site and Service. You agree to notify ERP immediately upon becoming aware of any unauthorized access or use of the Site or Service by any individual or entity or of any claim that the Site or Service, or component part of either, infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to each Site and Service shall, as between you and Us, at all times be and remain our sole and exclusive property. 

 

ii.   You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with our consent, and you acknowledge that you have no ownership rights in or to any such items.

 

iii.  You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site or Service, including content, code and software (collectively, “Site Material”) unless specifically granted written permission to do so by Us (including any permission included in these Terms). Site Material may include inaccuracies or typographical errors.  We have the right but not the obligation to make changes and updates to any Material without prior notice.

 

d.      License of User Materials. 

i.        All names, photographs, video clips, public messages, ideas, reviews, comments, information, communications and any other content that you submit to or publish on, through or in relation to the Site or Service, including those which you submit to or publish on any online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwise associate with the Site, is hereinafter defined as “User Materials.”  You hereby grant ERP an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual and universe-wide license for ERP to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, translate, publish, syndicate, publicly perform, publicly display, archive and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any manner, medium or form, whether now known or hereinafter devised, as ERP sees fit in its sole discretion. 

 

ii.      You acknowledge and agree that We and our designees may or may not, at our discretion, pre-screen User Materials before its appearance on the Site or through a Service, but that We have no obligation to do so. You further acknowledge and agree that We reserve the right (but We do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Material that is contributed to the Site or Service. Without limiting the foregoing, We and our designees shall have the right to remove any User Material that violates these Terms or is otherwise objectionable in our sole discretion. You acknowledge and agree that We do not verify, adopt, ratify, or sanction User Material, and you agree that you must evaluate and bear all risks associated with your use of User Material or your reliance on the accuracy, completeness, or usefulness of User Material. You understand that by using the Site or Service, you may be exposed to User Material that you may consider offensive or objectionable. You also acknowledge that We are a provider of an interactive computing service as set forth the Communications Decency Act, 47 U.S.C. §230. We expressly reserve our rights to not be treated as the publisher or speaker of any information provided by another information content provider on or through the Site or Service.

 

e.       Reservation of Rights.  Nothing in these Terms shall restrict or limit our rights, title or interest in or to any of the Sites, the Services, the User Materials or any elements or derivatives of the foregoing.

 

f.        Warnings; Disclaimers.  Please note that the User Materials might become the subject of public disclosure.  Thus, We are not responsible for, and expressly disclaim any liability arising from or in connection with, our use of any User Materials in accordance with these Terms.

 

8.      Suspension or Termination of Service; Disclaimer.  ERP has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site or the Services at any time, and without notice or recourse, as ERP deems advisable in its sole discretion.  ERP shall not be liable to you or any third-party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content).

 

9.      Electronic Communications.

a.       Express Consent.  You hereby expressly consent to ERP and its affiliates sending you any type of electronic message (including, without limitation, advertising, telemarketing, or other commercial e-mails and text messages, informational e-mails or text messages, and electronic notices, updates, and newsletters), whether through the Site, the Services, or by personal communication, e-mail, text message, automatic telephone dialing system, or artificial or prerecorded voice, online social media or any other electronic media means or forms.  By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules or regulations.  Voice, message, and data fees, rates, charges and/or taxes may apply to you, and you are responsible for payment of the same.  You are not required to grant the foregoing consent as a condition for purchase or license of any other products or services We offer.

b.      Opt-Out.  You may opt-out of receiving any electronic messages from Us any time by any reasonable means, including, without limitation and by way of example, by sending an e-mail to info@erptrs.com with a subject line of “Opt-Out of Electronic Communications.”  You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, our products or services (including, without limitation, the Services) and/or your ability to receive certain messages and/or notifications from ERP or its affiliates.

10.  Unsolicited Materials; User-Posted Content. 

a.       We do not accept unsolicited materials or ideas for content, and you acknowledge and agree that neither Us nor any of our content providers are responsible or liable for the similarity of any information or content made available on, through or in relation to the Site or the Services.

b.      You acknowledge and agree that if the Site or Service provides you with an opportunity to interact with or publish a Post through a third-party’s service (e.g., Facebook or Twitter), you agree to abide by that third-party’s terms of service and privacy policy and We encourage you to review such terms of service.

c.       If you believe content is infringing, please contact the webmaster at info@erptrs.com with a subject line of “Infringing Content.”

11.  Prohibited Activities.  You shall not engage in any of the following activities at any time with respect to the Site or a Service:  (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Us or its licensors with respect to the Site or a Service); (c) the reproduction of the Site or the Services or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by these Terms); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive or degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer or randomly generated content; (g) supplying or publishing any information or statements on, through or in relation to the Site that is false, misleading, deceptive or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers or applications; (i) the systematic retrieval or copying of any information or content found on, through or in relation to the Site or the Services or their servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database or directory; (j) the use of any software, program, process, device, application or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site or Service or their servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through or in relation to the Site or Service or their servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site or Service or their servers; (m) any act that gains or attempt to gain unauthorized access to computer systems, networks, information or materials on, through or in relation to the Site or Service or their servers; or (n) any other act that We become aware of and believe in good faith is improper, illegal or harmful to the Site, their servers or any person, entity or property.

 

12.  Links to Other Sites, Apps, Networks, Platforms and Servers.

 

a.       Linked Technologies.  Each Site and Service and/or any communications sent on, through or as a function thereof may contain links to third-party websites, networks, platforms, servers and/or applications, and, similarly, third-party websites, networks, platforms, servers, applications and/or communications may contain links to the Site and/or Service (collectively, “Linked Technologies”).  The Linked Technologies are not under the control of ERP or its affiliates.  Each Site, the Services and any such communications contain the outgoing links as a convenience to you, if for any purpose.  YOU SHOULD REVIEW ANY APPLICABLE PRIVACY POLICIES AND TERMS OF SERVICE PUBLISHED THROUGH THE LINKED TECHNOLOGIES.

b.      Disclaimer About Linked Technologies.  We are not responsible for any information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from the Linked Technologies (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information and illegal content).  We do not make, nor have We made, any representations or warranties (express, implied or otherwise) concerning the Terms of Service or service, privacy policies, agreements, information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from the Linked Technologies; nor shall the fact that the Site may link to or from any Linked Technologies constitute an affiliation with, association with or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from such Linked Technologies.  If you decide to access any Linked Technologies, then you do so at your own risk and subject to the terms and condition offered by the owner or operator of the Linked Technologies as a condition of use.

 

13.  User Representations, Warranties, and Covenants.  You represent, warrant and covenant to ERP that:  (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand these Terms in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of these Terms; (d) you understand and acknowledge that by accepting these Terms you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of these Terms; (f) you will not violate any applicable international, federal, state or local laws which may concern the Site, its servers, the Services or any information, communications or content found on or through them; (g) you are the exclusive owner of all rights, titles and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who authored, own or contributed to, the User Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original to you; (i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity or privacy rights of any person or entity; (j) the User Materials do not and will not defame, disparage, embarrass or disclose confidential, private or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain, links to material that is, profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware or other malicious or tracking technology; (l) We are not required to seek the permission of or compensate any third-party(s) to exercise any of the rights granted by you under these Terms; (m) no obligation, disability, agreement or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information you provide to Us in connection with your access or use of the Site or Service is truthful and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.

14.  Disclaimers and Limitations.  The disclaimers and limitations set forth in this section are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.

a.       General Disclaimer.  Your visit, access or use of the Site and/or any products or services made available to you on, through or in relation to the Site (including, without limitation, the Services) in any way is done at your own risk.  Each Site, products and services We offer, the success or performance of the Site or such products and services and all information, communications, content and features offered, marketed, sold, provided, licensed or made available on, through or in relation to the Site or such products and services are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis.  We do not make, nor have We made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written or express or implied) to you with respect to the Site, or such products and services, any such information, communications, content and features or their success, performance, functionality, quality, completeness, accuracy, reliability, marketability or safety.  We expressly disclaim any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, performance, functionality, quality, completeness, accuracy, reliability and safety) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to each Site and such products and services, any such information, communications, content or features and their success, performance, functionality, quality, completeness, accuracy, reliability, marketability and safety.  We do not make, nor have We made, any affirmation of fact, promise or warranty (express, implied or otherwise) relating to any Site or Services, any such information, communications, content or features or their success, performance, functionality, quality, completeness, accuracy, reliability, marketability or safety that extends beyond the face of these Terms or that has become any basis of any bargain.

b.      Disclaimer About Products and Services.  All descriptions, images, references, features, content, specifications, products and prices of any products or services offered on, through or in relation to the Site (including, without limitation, the Services) are subject to change at any time and without notice to you.  Certain weights, measures and other descriptions are approximate and are provided for convenience purposes only.  The inclusion of any products or services on, through or in relation to the Site (including, without limitation, the Services) does not imply or warrant that they are or will be available.  It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the receipt, possession, use and sale of any product or service ordered or purchased on, through or in relation to the Site (including, without limitation, the Services).  We reserve the right, with or without prior notice to you, to do any one or more of the following:  (i) limit the available quantity of or discontinue any such product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar you from making or completing any transactions on, through or in relation to the Site or any Service; and (iv) refuse to provide you with any such product or service.

c.       Disclaimer About System Delays.  You understand and acknowledge that each Site and/or Service may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of our control.  Accordingly, We shall not be responsible for, and expressly disclaim, any delays, failures, losses, injuries, liabilities or damages associated with the Site and/or Service which results from any system delays, downtimes, interruptions or other failures of or problems with the Site and/or the Services which are outside of our control (including, without limitation, scheduled maintenance or network failure).

d.      Disclaimer About Certain Information, Communications and Content.  Any opinions, advice, reviews, statements, offers or other information, communications or content found on, through or in relation to Us, the Site, any of the Services or any third-party providers (including, without limitation, online forums, other websites, advertisements, and social media pages) are those of their respective authors, and not necessarily Ours; thus, they should not necessarily be relied upon.  Such authors are solely responsible for the accuracy of such information, communications or content.  We do not guarantee, adopt or endorse the accuracy, completeness, reliability or usefulness of any such information, communications or content, even if ERP or an affiliate is the author.  We are not responsible for the accuracy, completeness, reliability or usefulness of any such information, communications or content.  Under no circumstances shall We be liable to you or any third-parties for any loss or damage caused by or arising from or in connection with your reliance on any such information, communications or content.

e.       Limitation of Liability.  In no event shall ERP or its affiliates, or any of the same’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, advertisers or licensees be held liable to (or be obligated to indemnify) you or any third-party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with:  (i) your visit, access or use of the Site or Service, or your inability to visit, access or use the Site or Service; (ii) any products or services made available on, through or in relation to the Site (including, without limitation, the Services); (iii) any statements, content or conduct of any third-party on, through or in relation to the Site or any such products or services; (iv) any unauthorized access to or alteration of your personal information; (v) any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), or network(s); (vi) any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), or network(s); (vii) the fact that you have relied on any information, content or communications published on, through or in relation to the Site or any such products or services; or (viii) any acts, errors or omissions of any third-party providers.  If you are dissatisfied with the Site or any products or services offered, sold, licensed or made available on, through or in relation to the Site (including, without limitation, the Services), then your sole and exclusive remedy is to discontinue your access and use of the applicable Site and such products and services.

f.        No Injunctive Relief.  If We breach or otherwise violate these Terms, then you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against the Site and/or any products or services made available on, through or in relation to the Site (including, without limitation, the Services) as a result of such breach or other violation.  For the avoidance of doubt, the foregoing limitation on injunctive relief does not limit your ability to seek or recover any monetary remedies authorized by law in the event of any such breach or other violation (except for those which are otherwise expressly precluded by these Terms).

g.      Limitation of Remedies.  If We breach or otherwise violate these Terms, then in no event shall you be entitled to recover any special, incidental, consequential, speculative or punitive damages arising out of or in relation to such breach or other violation, even if We have been notified of the possibility of such damages; and in no event shall our liability under these Terms exceed the amount paid by you to purchase any products or services, including Tickets, which are the subject of the dispute, controversy or claim, if any.

15.  General Release of Claims.  You hereby release and hold harmless ERP and its affiliates, and the Same’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Site, the products or services made available on, through or in relation to the Site (including, without limitation, the Services) and/or the rights and privileges granted or conveyed by you under these Terms (including, without limitation, those rights and privileges relating to the User Materials and/or any elements, derivatives or marketing of the foregoing).  Further, you waive your right to, and in no event shall you seek to, enjoin ERP or its affiliates, any of the same’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees or any exercise of the rights or privileges granted or conveyed by you under these Terms (including, without limitation, the User Materials).

16.  Indemnification.  You hereby agree to indemnify, release and hold harmless ERP and its affiliates and each of the same’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorneys’ fees) incurred by such indemnitees, or asserted against such indemnitees by third-parties, arising out of or in connection with (a) your acts, errors or omissions, (b) your use of any Site or any products or services made available on, through or in relation to the Site (including, without limitation, the Services) in any manner contrary to these Terms, (c) your violation of the rights of or other injury to any third-party, and/or (d) your breach of all or any part of these Terms.

17.  Term; Termination; Survival.  These Terms shall continue and remain in effect until it is terminated in accordance with these Terms.  We may terminate these Terms at any time, for any or no reason, and without notice to you (including, without limitation, if We believe that you have violated or acted inconsistently with any term or condition of these Terms).  You may terminate these Terms at any time and for any or no reason by ceasing your use of the Site and Services.  If these Terms are terminated for any reason, then all rights granted to you under these Terms shall automatically revert back to Us, and the following shall survive in perpetuity:  (a) all defined terms under these Terms; (b) all rights and privileges under these Terms which were granted to and/or accrued in favor of ERP and/or any of the same’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the effective termination date of these Terms; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under these Terms.

18.  Governing Law.  These Terms, the additional terms, conditions and policies referenced herein (including our Privacy Policy), your visit, access or use of the Site or Service, any transactions made on, through or in relation to the Site, any products or services purchased on, through or in relation to the Site (including, without limitation, the Services), the parties’ relationship and all disputes, controversies and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Texas in the United States of America, regardless of its place of execution, its place of performance, or any conflicts of law analysis.  For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever.

19.  Dispute Resolution.

a.       Binding Arbitration; Waiver.  Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning these Terms, any additional terms, conditions or policies referenced in these Terms (including our Privacy Policy), your visit, access or use of the Site or Service, any transactions made on, through or in relation to the Site, any products or services purchased on, through or in relation to the Site (including, without limitation, the Services) and/or the Parties’ relationship (whether grounded in contract, tort, statute, law or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by the Judicial Arbiter Group, Inc. or its successor (“JAG”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes.  The arbitration shall be binding, final and confidential.  Each Party acknowledges and agrees that he/she/it is waiving the right to a trial by jury or to participate as the member of a class in any purported class action proceeding.

b.      Arbitration Rules.  The arbitration shall be conducted before a single arbitrator under the then-current American Arbitration Association Commercial Arbitration Rules (the “AAA Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler.  If there is any conflict between a provision of the AAA Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or these Terms, then the provisions of these Terms shall control and govern over the AAA Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence; and the AAA Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence.  The construction, interpretation, and enforcement of this section 21 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

c.       Arbitration Process, Location, and Procedures.  The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the AAA Rules.  The arbitration shall be held in Dallas, Texas, United States of America.  The arbitration shall be conducted in the English language.  The arbitrator shall be selected in accordance with the AAA Rules, unless otherwise agreed to by the parties to the arbitration.  All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator.  The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of these Terms and shall be bound by applicable law.

d.      Arbitration Decisions and Awards.  The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and in any event not more than forty-five (45) days after the close of evidence and briefing.  The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision.  The arbitrator shall have no authority to award punitive, exemplary or consequential damages, unless such an award is authorized by applicable law.  The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under these Terms or applicable law.  Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by this section 21.  Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Texas, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction.  Any decision, judgment, ruling, finding, award or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award or other determination of the arbitrator shall be filed under seal.

e.       Arbitration Fees and Expenses.  JAG’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAG and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, however, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under these Terms or applicable law.

f.        Litigation; Waiver.  In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to these Terms or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of the State of Texas in Dallas County, Texas, United States of America and the United States federal courts in the Northern District of Texas, Dallas Division, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.

g.      Waiver of Jury Trial and Class Action.  Regardless of whether a particular dispute is subject to arbitration or litigation, each Party does hereby waive his/her/its right to a trial by jury, to participate as the member of a class in any purported class action or other proceeding or to name unnamed members in any purported class action or other proceedings.

20.  Notice.  Unless otherwise expressly stated in these Terms, ERP may give or deliver all other notices to you by means of a general notice posted on this or another page of the Site, as applicable, by email to any email address you provide to Us, or by any other appropriate means, and shall be deemed effective as of their stated effective dates.

21.  Relationship.  In no event shall these Terms, the performance of a Party’s rights or obligations under these Terms, the Site, the Services or a Party’s visit to, access of or use of the Site and/or the Services create any type of fiduciary, franchise, agency, employment, independent contractor, partnership or joint venture relationship between you and ERP.

22.  International Users.  Our Sites and Services are operated out of the United States of America. We do not represent that content or materials presented on our Sites or through our Services are appropriate (or, in some cases, even available) for use in other locations. If you access the Site or Service from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Services.

 

23.  Miscellaneous.

a.       Electronic Signatures.  If your acceptance of these Terms further evidenced by your affirmative assent to the same (e.g., by a “check the box” acknowledgment procedure), then that affirmative assent is the equivalent of your electronic signature to these Terms.  However, for the avoidance of doubt, your electronic signature is not required to evidence or facilitate your acceptance and agreement to these Terms, as you agree that the conduct described in these Terms as relating to your acceptance and agreement to these Terms alone suffices.

b.      Excused Performance.  We are hereby excused for any failure to perform under these Terms to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.

c.       Assignment and Delegation.  You shall not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms without ERP’s prior written consent in each instance.

d.      Construction and Interpretation.  These Terms shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.

e.       Headings.  Section headings are inserted in these Terms for reference and convenience only and shall not interpret, define, limit or describe the scope, intent, terms or conditions of these Terms.

f.        Severability.  If any portion of these Terms is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of these Terms.

g.      Entire Agreement.  These Terms, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including our Privacy Policy), constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

24.  Contact Us.  Please direct any questions you may have about the Site or the Services or these Terms to info@erptrs.com, with a subject line of “Website Question.”  The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of these Terms.

25.  Last Modified.  These Terms were last modified on April 30, 2022.

PRIVACY POLICY

 

ERP respects the privacy of others.  This Privacy Policy (this “Privacy Policy”) is intended to explain ERP’s privacy practices with respect to the website(s) that links to this Privacy Policy (together with its respective pages and features, the “Site”).  This Privacy Policy is also intended to provide you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, “you” or “your”) with an overview of the following:

·         the type of information about you ERP collects through the Site;

·         how ERP collects such information;

·         how ERP uses such information;

·         who will have access to such information; and

·         ERP’s security measures for protecting such information.

This Privacy Policy applies to information collected through the Site.  Carefully read this Privacy Policy in its entirety.

You are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as ERP’s Terms of Service, whenever you create, register with or log into an account on or through the Site.  Similarly, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as ERP’s Terms of Service, whenever you visit, access, register with, subscribe to or use the Site or any services provided by ERP on the Site; and your continuing visit, access, registration with, subscription to or use of any of the forgoing reaffirms your acceptance and agreement in each instance.

As used herein, the term “personal information” means information that relates to an identified or an identifiable individual (e.g., your name, physical address, telephone number, email address, social security number); and the term “non-personal information” means any information other than personal information that ERP may collect from you, such as anonymized data. 

1.                  A Special Note About Minors.

The Site is a general audience website intended for use by adults.  The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. ERP does not collect personal information through the Site from any person it actually knows to be under thirteen (13) years of age.  If ERP obtains actual knowledge that it has collected personal information through the Site from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that ERP remove content or information about you that is posted on the Site.  Please submit any such request (“Request for Removal of Minor Information”) to info@erptrs.com, with a subject line of “Removal of Minor Information.”

For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body:

a.   the nature of your request;

b.   the identity of the content or information to be removed;

c.   whether such content or information is found on the Site;

d.   the location on content or information on the Site (e.g., providing the URL for the specific web page the content or information is found on);

e.   that the request is related to the “Removal of Minor Information;”

f.    your name, street address, city, state, zip code and email address; and

g.   whether you prefer to receive a response to your request by mail or email.

ERP is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.

Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the Site.

Also, please note that ERP is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires ERP to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when ERP anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

The foregoing is a description of ERP’s voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that ERP is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

 

2.                  Categories of Information Collected.

ERP may collect personal and non-personal information about you through the Site.  Depending upon your use of the Site, the categories of such information might include:

·         Your name (first, last and/or middle) and unique identifiers (e.g., username);

·         Your login information for the Site (e.g., username, password, security questions and answers);

·         Your contact information (e.g., mailing address, email address, telephone number, facsimile number);

·         Your gender;

·         Your date of birth;

·         Your electronic signature;

·         Your billing, payment or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address, tax ID number, billing history);

·         Your business information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number);

·         Information related to your inquires about possible advertising opportunities with ERP and/or one or more of its parent, subsidiary or affiliated companies (e.g., brands, media, markets);

·         Information related to your inquiries about possible employment with ERP and/or one or more of its parent, subsidiary or affiliated companies (e.g., name, mailing address, email address, telephone number, salary requirements, interests, resume);

·         Your computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exit web pages, web page requests, cookie information, hardware attributes, software attributes);

·         Third-party website, network, platform, server and/or application information (e.g., Facebook, Twitter, Instagram);

·         Usage activity concerning your interactions with the Site and/or third-party websites, networks, platforms, servers or applications accessed through the Site (e.g., how you accessed the Site, where you go when you leave the Site, number of clicks on a page or feature, amount of time spent on the Site or a page or feature, identity of third-party websites, networks, platforms, servers and applications accessed through the Site);

·         Usage activity concerning products and services provided to or accessed by you on or through the Site (e.g., number of viewers, viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections);

·         Your transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Site);

·         Information about third parties that you refer to ERP (e.g., name, email and/or other contact information, relationship);

·         Information set forth in your online account registration, user profile, and/or user directory forms for the Site;

·         Statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Site or which are accessed via your public or linked social media pages (e.g., Facebook, Twitter, Instagram);

·         Your name associated with your mobile device;

·         Your telephone number associated with your mobile device;

·         Your geolocation; and/or

·         Your mobile device ID information.

3.                  How Information Is Collected.

Depending upon your use of the Site, ERP might collect personal and non-personal information from you when you visit, access, register with, subscribe to or use the Site; when you register for, subscribe to, order or purchase any products and/or services on, through or in relation to the Site; when you “sign in,” “log in,” or the like to the Site; when you allow the Site to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Site) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever ERP asks you for such information, such as, for example, when you process a payment through the Site, or when you answer an online survey or questionnaire.

In addition, if you or a third party sends ERP a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site, then ERP may collect any personal or non-personal information provided therein or therewith.

Finally, ERP might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:

·         Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message.  They may help store user preferences and activity, and may allow a website to recognize a particular browser or device.  There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies.  Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website.  Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.

·         Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device.  Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device.  Flash cookies are not managed by the same browser settings that are used for regular cookies.

·         Retargeting pixels, which are cookie-based technologies that might follow you across the web.

·         Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values.  Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses.  Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some web beacons from tracking or recording certain information about your activities.

·         Tokens, which are digital objects or pieces of code that enable the tracking of emails and other electronic communications, online activities and devices (such as, for example, tracking tokens, device tokens), or that authenticate the identity of individuals or devices authorized to access certain secured information (such as, for example, access tokens).  Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some tokens from tracking certain information about your activities.

·         Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user.  Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on.  Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site, and deactivated or deleted when the user disconnects from the Site.

·         Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking.

·         Other third-party data tracking or analytic technologies (e.g., deep linking, eTags, device fingerprinting or cross-device tracking).

Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site might not function properly.

By visiting, accessing, registering with or using the Site, you acknowledge and agree in each instance that you are giving ERP permission to monitor or otherwise track your activities on the Site, and that ERP may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.

4.                  Use of Information Collected.

ERP may use the personal and/or non-personal information it collects from you through the Site in a variety of ways, such as, for example, to:

·         Fulfill your requests;

·         Process your payments;

·         Place, fulfill, process and/or track your orders and purchases;

·         Facilitate your movement through the Site;

·         Facilitate your use of the Site and/or its respective products and/or services;

·         Provide customer service;

·         Send you communications like, for example, administrative emails, answers to your questions and updates about the Site;

·         Allow you to communicate with others through the Site like, for example, through online forums, chat rooms, and bulletin boards;

·         Provide you with information about ERP, its parent, subsidiary or affiliated companies and/or their respective businesses, products and services by letter, email, text, telephone or other forms of communication;

·         Provide you with customized content and services, including advertising and promotional information (e.g., targeted ads, retargeted ads), recommendations for content you might like, and cross-app or cross-site functionality across multiple third-party websites and mobile apps;

·         Provide you with information about third-party businesses, products and/or services by letter, email, text, telephone or other forms of communication;

·         Improve the Site and/or its respective content, features and services;

·         Improve the products, services, marketing and/or promotional efforts of ERP and/or its parent, subsidiary or affiliated companies;

·         Create new products, services, marketing and/or promotions for ERP and/or its parent, subsidiary or affiliated companies;

·         Market the businesses, products and/or services of ERP and/or its parent, subsidiary or affiliated companies;

·         Help personalize user experiences with the Site and/or its respective products and services;

·         Analyze traffic to and through the Site;

·         Analyze user behavior and activity on or through the Site;

·         Conduct research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to ERP, its parent, subsidiary or affiliated companies, the Site, and/or their respective products and/or services;

·         Monitor the activities of you and others on or through the Site;

·         With your consent;

·         Create device fingerprints and profiles about the possible relationships among different browsers and devices;

·         Create consumer profiles, which may combine your personal or non-personal information from the Site with your personal or non-personal information from another source or service;

·         Protect or enforce ERP’s and/or its parent, subsidiary or affiliated companies’ respective rights and properties; and/or

·         Protect or enforce the rights and properties of others (which may include you).

ERP reserves the right to use your personal and non-personal information when:

·         Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or

·         ERP believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of ERP, a user of the Site which may include you or anyone else who may be harmed by such activities or to further ERP’ legitimate business interests).

5.                  Sharing of Information Collected.

ERP may share your personal information with the following:

• ERP’ employees, agents and administrators;
• ERP’ accountants, financial advisors and legal advisors;
• ERP’ parents, subsidiaries and affiliates;
• Service providers and other third parties who help ERP provide, manage, administer, maintain, monitor, distribute, operate or facilitate the Site, who help ERP develop, market or provide its products and services, or who help further ERP’ business efforts (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, data analysis companies, credit card or other payment processing companies, online shopping cart providers, advertising partners), as needed in order for them to perform such services;
• Law enforcement or other governmental entities in response to what ERP believes to be an allegation or suspicion of illegal activity, a request relating to a civil or criminal investigation, an allegation or suspicion of illegal activity, a subpoena, a court order, or any other activity that may expose ERP to liability if it does not act or comply;
• Any third parties who ERP believes are necessary to help or allow ERP to protect and enforce its rights and properties, including, without limitation, to enforce its rights under ERP’ Terms of Service or any other agreements ERP has with you, and to protect and enforce its intellectual property rights; and/or
• Any third parties who ERP believes are necessary to help or allow ERP to protect the rights and properties of other (which may include you), assuming that ERP believes it has an obligation to do so.

ERP also reserves the right to share your personal information with third parties in connection with or as a result of any potential or actual merger, acquisition or other event involving a change in ownership or control of ERP or ERP’ business (whether by sale of assets, merger, stock purchase or otherwise).

ERP does not limit the ways in which it might use or share non-personal information – and ERP reserves the unencumbered right, but not the obligation, to use or share non-personal information – because non-personal information does not identify you.  For example, ERP may freely share non-personal information with its parent, subsidiary and affiliated companies, its vendors, its suppliers, its representatives and other individuals, businesses and government entities.

You may choose to share certain information and/or follow other users on the Site.  You may choose to share your contact information with other users or provide it publicly.

6.                  Data Retention.

ERP may retain your personal information and non-personal information for as long as it reasonably necessary for a legitimate business purpose.  ERP may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by both you and ERP concerning the same or as required by law.

7.                  Transactions.

In connection with any transaction that you conduct on, through or in relation to the Site, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address.  By submitting such information, you consent to providing such information to third parties (e.g., payment processing companies, online shopping cart providers) for the purpose of facilitating the transaction.  All credit card, debit card and other monetary transactions on or through the Site, if any, occur through an online payment processing application. 

8.                  Third Parties and Their Applications and Networks.

The Site and/or any communications sent through or as a function of the Site might contain links to third-party websites, networks, platforms, servers and/or applications.  Third-party websites, networks, platforms, servers and/or applications might also contain links to the Site.

In addition, you might have the opportunity to access the Site using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which might be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications.  ERP might also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications).

Moreover, ERP might permit third parties to use their own tracking, data aggregation and/or data analysis technologies like the ones described above (e.g., third-party cookies). 

You should carefully review the relevant terms of use and privacy policies associated with third party websites, networks, platforms, servers and applications. 

9. Security.

ERP implements security measures to help protect the personal information it collects through the Site.  For example, ERP encrypts the transmission of information through the Site by using secure socket layer (SSL) technology.

To help maintain the security of your personal information, ERP asks that you please notify it immediately of any unauthorized visit, access or use of the Site, or the loss or unauthorized use of your user access information for the Site (e.g., username or password).

10. Retention, Review, and Change of Information Collected.

You may request at any time that ERP provide you with an opportunity to review and change your personal information collected through the Site, if any, or to no longer use your personal information to provide you with any products or services.  Please submit any such request (“Request Concerning Personal Information”) to info@erptrs.com, with a subject line of “Your Personal Information.”

For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:

a.   the nature of your request;

b.   that the request is related to “Your Personal Information;”

c.   your name, street address, city, state, zip code and email address; and

d.   whether you prefer to receive a response to your request by mail or email.

ERP is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled or incorrectly sent.  You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

11. California privacy rights  

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the CCPA Privacy Notice.

 

12. Users outside the united states.

We are headquartered in the United States of America. Personal information may thus be accessed by us or transferred to us in the United States. By providing us with personal information, you consent to the storage or processing of your personal information in the United States and acknowledge that the personal information will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your personal information.

 

We will protect the privacy and security of personal information according to this Privacy Policy, regardless of where it is processed or stored.

13. ONLINE TRACKING.

ERP does not respond to “do not track” (DNT) signals.

14. Modifications of this Privacy Policy.

We regularly review and revise our Privacy Policy.  We make changes to the Privacy Policy available on this page and note that the policy has been updated.  If we make material changes to how we treat your personal information, we will notify you by email to the primary email address specified in your account and through a notice on our home page. 

15.       Severability.

If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining Terms of Service shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

16.       Contact Us.

Please direct any questions you may have about this Privacy Policy to info@erptrs.com, with a subject line of “Privacy Policy.”  The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.

17.       mergers, acquisitions, and other business transactions

ERP may decide to sell, buy, merge or otherwise reorganize its business.  If that occurs, you will be notified by email or a prominent notice on our webpage of any ownership change and any change in the use of your personal information.  These types of transactions may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers.  We seek appropriate protection for personal information in these types of transactions. 

 

18.       Modification Date.

This Privacy Policy was last modified on April 30, 2022.

 

 

PRIVACY STATEMENT – CALIFORNIA

 

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“Privacy Statement”) supplements the information contained in the Privacy Policy, which is incorporated by reference as if set forth herein. This Privacy Statement applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

 

Information We Collect

 

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). The categories of information set forth in the chart below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected, but reflects a good faith belief that to the best of our knowledge that some of that information may have been collected. In particular, we have collected the following categories of personal information from consumers within the last 12 months:

 

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	YES
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

 

Personal information does not include:

 

·         Publicly available information from government records

·         De-identified or aggregated consumer information.

·         Information excluded from the CCPA's scope, like:

o   health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

o   personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

 

·         Directly from our customers.

·         Indirectly from our customers. For example, through information we collect from our clients in the course of providing products and/or services to them.

·         Directly and indirectly from activity on the Site. For example, from submissions through our website portal or website usage details collected automatically.

·         From third-parties that interact with us for commercial purposes.

Use of Personal Information

 

We may use or disclose the personal information we collect for one or more of the following business purposes:

 

·         To fulfill or meet the reason for which the information is provided. For example, fulfilling one of your orders.

·         To provide you with information, products or services that you request from us.

·         To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.

·         To provide you with email alerts, event registrations and other notices concerning other products or services, or events or news, that may be of interest to you.

·         To provide personal information to third-party marketing partners.

·         To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.

·         To improve the Site and present its contents to you.

·         For testing, research, analysis (including product analysis as well as marketing/website analysis) and product development.

·         As necessary or appropriate to protect the rights, property or safety of us, our clients or others.

·         To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

·         As described to you when collecting your personal information or as otherwise set forth in the CCPA.

·         To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

Sharing Personal Information

 

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

 

In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose:

 

Category A:	Identifiers.
Category B:	California Customer Records personal information categories.
Category D:	Commercial Information
Category F:	Internet or other similar network activity
Category G:	Geolocation data

 

We disclose your personal information for a business purpose to the following categories of third parties:

 

·         Our affiliates.

·         Service providers and/or vendors. Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you and/or which help to fulfill your transactions.

·         Third parties that offer products or services which may be of interest to you.

·         Third party marketing partners for commercial purposes.

In the preceding twelve (12) months, we have “sold” personal information within the meaning of the CCPA to third parties for commercial purposes.

 

 

 

 

Your Rights and Choices

 

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

 

Access to Specific Information and Data Portability Rights

 

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

 

·         The categories of personal information we collected about you.

·         The categories of sources for the personal information we collected about you.

·         Our business or commercial purpose for collecting or selling that personal information.

·         The categories of third parties with whom we share that personal information.

·         The specific pieces of personal information we collected about you (also called a data portability request).

·         If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

o   sales, identifying the personal information categories that each category of recipient purchased; and

o   disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

 

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

 

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

 

1.      Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

2.      Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3.      Debug products to identify and repair errors that impair existing intended functionality.

4.      Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5.      Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

6.      Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

7.      Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8.      Comply with a legal obligation.

9.      Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

 

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

 

·         By mail at 2626 Cole Avenue, Suite 300, Dallas, Texas 75204

·         Emailing us at info@erptrs.com

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

 

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

 

·         Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

·         Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

 

Response Timing and Format

 

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

Non-Discrimination

 

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

 

·         Deny you goods or services.

·         Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

·         Provide you a different level or quality of goods or services.

·         Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

 

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

 

Contact Information

 

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

 

·         By mail at 2626 Cole Avenue, Suite 300, Dallas, Texas 75204

·         Emailing us at info@erptrs.com