ERP ASSOCIATES, INC. Terms of Service

These Terms of Service ("Terms") govern your use of the ERP Associates, Inc. ("Company") website at transcribe.erpassociates.com (the "Site"), materials available on the Site, and participation in any services, events, or programs offered through the Site ("Offerings").

BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE AND THE COMPANY'S PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE. MATERIALS, SERVICES, AND INFORMATION PROVIDED THROUGH THE SITE ARE NOT INTENDED FOR USE BY CHILDREN UNDER 13 YEARS OF AGE.

1. Copyright

The content available on the Site, including but not limited to text, images, software, audio, video, and any combination or compilation thereof (collectively referred to as "Materials"), is the property of the Company and is protected by U.S. and international copyright laws. The Materials may not be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of the Company. No use of the Materials is allowed except as expressly stated herein. Certain Materials may be copyrighted by the Company’s suppliers, partners, or affiliates, and copyright law applies to advertisements or information presented on the Site.

2. Trademarks

ERP Associates, Inc., Transcription Associate, and any related logos, brand names, or service marks (collectively, the "Trademarks") are trademarks of the Company within the United States and other applicable jurisdictions. You may not display, reference, or use the Trademarks in any manner without prior written permission from the Company. All other trademarks, service marks, product names, and company names or logos appearing on the Site are the property of their respective owners. The use of Company Trademarks on any other website without express permission is prohibited. Additionally, the use of Company Trademarks as a "hot" link on or to any other website is not permitted unless expressly authorized in writing by the Company.

3. Age of Users

The Site is not intended for use by children under the age of 13. Parents and legal guardians may not agree to these Terms on behalf of their children under 13. If the Company becomes aware that a child under 13 has provided or attempted to provide personal information, the Company will use reasonable efforts to remove such information permanently from its records. If you are between the ages of 13 and 18, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor aged 13 to 18, you accept full responsibility for their use of the Site, including all legal liabilities they may incur.

4. Privacy

By using the Site, you acknowledge and agree to the Company’s Privacy Policy, which is incorporated by reference into these Terms (together, the "Agreement"). In the event of any inconsistency between these Terms and the Privacy Policy, these Terms shall prevail. Any personal information you provide to the Company, along with information about your use of the Site, will be handled in accordance with the Privacy Policy. The Company’s email addresses are provided solely for user inquiries related to the Site. Collecting or using Company email addresses for unsolicited communication is strictly prohibited.

5. Illegal & Unpermitted Activities

The Site and its contents are solely for your personal, non-commercial use. You may not:

• Use the Site or its content to violate any law, infringe intellectual property rights, or share harmful, defamatory, harassing, or otherwise objectionable material;
• Publish or share content that includes personal data of others without consent;
• Use automated systems to access or damage the Site.
• Use any robot, spider, scraper, or other automated means to access the Site without express written permission;
• Use any device, software, or routine to interfere with the proper working of the Site or another user’s experience;
• Take any action that imposes, or may impose, in the Company’s sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• Aggregate or collect any Materials to construct any kind of database;
• Copy, transmit, publish, distribute, display, or otherwise exploit the Site, Trademarks, and/or Materials in any manner;
• Modify or create derivative works of the Trademarks, Materials, or Offerings;
• Bypass any security measures implemented by the Company to restrict access to the Site, or attempt to gain unauthorized access to any part of the Site through hacking, password mining, or other means.
• Use the Site for any illegal, unauthorized, or improper purpose;
• Use the Site in a way that violates any applicable law or these Terms;

6. User-Generated Content and Public Sharing

By uploading or sharing any content (e.g., transcripts, summaries, notes), you:

• Grant the Company a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, and distribute such content;
• Warrant that you have the legal right to share the content;
• Accept full responsibility for the content you post;
• Agree not to share copyrighted, infringing, or unlawful material.

7. Community Guidelines Compliance

You must comply with our Community Guidelines when sharing or interacting with content on the Site. Violations may result in removal of content or suspension of access.

8. Links; Offerings

For your convenience, the Company may provide links to third-party websites. The Company has no control over such websites and is not responsible for their content or privacy practices. The Company makes no representations or warranties regarding the quality, content, nature, or reliability of third-party websites. Your dealings with advertisers or service providers found through the Site are solely between you and those third parties. The Company is not responsible for any loss or damage resulting from such dealings.

If you choose to participate in any Offerings, you may be required to accept additional terms with third parties. These Offerings may have specific eligibility requirements, such as age or location restrictions. You are solely responsible for understanding and complying with the rules of third-party Offerings. The Company is not responsible for third-party Offerings, including payment, delivery, returns, or refunds. If the Company provides Offerings, they are governed by these Terms.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Company from all liabilities, claims, and expenses, including attorney’s fees, that arise from any claim or demand made by a third party due to or arising out of your use of the Site, including any user content you share, or your violation of these Terms. The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with the Company in asserting any available defenses.

10. Disclaimer of Warranties

THE SITE, MATERIALS, AND OFFERINGS (COLLECTIVELY, THE "COMPANY ASSETS") ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE COMPANY ASSETS OR THE OPERATION OF THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY ASSETS AND THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE COMPANY ASSETS ARE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE, OR THAT THEY WILL BE FREE OF HARMFUL COMPONENTS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

11. Limitation of Liability

IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR PERFORMANCE OF THE COMPANY ASSETS OR ANY BREACH OF THIS AGREEMENT. COMPANY'S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES OR LOSS SHALL NOT EXCEED TWENTY-FIVE UNITED STATES DOLLARS ($25.00). SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Changes to Site

Company reserves the right, at its sole discretion, to modify or discontinue the Site or its content at any time, temporarily or permanently, with or without notice. Company also reserves the right to suspend Site operations for maintenance, error correction, or other modifications. You agree that Company is not liable to you or any third party for any modification, suspension, or discontinuation of the Site.

13. Changes to Terms of Service

Company reserves the right, at its sole discretion, to modify or revise these Terms at any time without notice. If modifications are made, Company will post the revised Terms on the Site, and they will become effective upon posting. Your continued use of the Site after the revised Terms are posted constitutes your acceptance of the updated Terms.

14. Applicable Law, Jurisdiction, and Claims

THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OKLAHOMA, U.S.A. The Uniform Computer Information Transactions Act and the United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any disputes arising under these Terms shall be resolved through arbitration under the rules of the American Arbitration Association, with the arbitration held in Tulsa, OK. However, either party may seek preliminary judicial relief in state or federal courts located in Oklahoma if deemed necessary to prevent irreparable harm. These courts shall have exclusive jurisdiction over such matters.

15. Termination

Company reserves the right to terminate your access to the Site at its discretion, including the removal of any information you have provided, if you violate these Terms, applicable laws, or Site guidelines. Termination may involve the permanent deletion of your data and account information.

16. Force Majeure

Company is not liable for damages, delays, or failures in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, power outages, wars, governmental actions, labor disputes, or supply shortages.

17. Copyright Complaints

Company respects intellectual property rights. If you believe your copyright has been infringed on the Site, please contact legalnotices@erpassociates.com.

18. Notice

You agree that Company may provide notices and other communications regarding the Site electronically, including via email to any address you have provided.

19. General Provisions

You agree to comply with all applicable laws and regulations. These Terms constitute the entire agreement between you and Company regarding the Site. Any waiver of a provision of these Terms must be in writing and shall not waive any other provision. If any provision is found to be unenforceable, the remainder of the Terms shall remain in full force and effect.

By continuing to use the Site, you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you have any questions about these Terms, please contact us at support@erpassociates.com.