Terms of Sale

Contractual Obligations

ERTIA UNLIMITED (EU) is committed to operation according to the highest standards of business practice in offering and delivering quality goods and services in a timely manner.  A duly executed engagement of ERTIA UNLIMITED through the purchase of goods and services is, essentially, a contractual arrangement for such.

Order Limitations/Limited Quantities

ERTIA UNLIMITED may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. ERTIA UNLIMITED also reserves the right to reject any order placed with us without giving any reason.  If we reject an order, we will generally attempt to notify the client/customer using the e-mail address or phone number given when the order was placed.

These restrictions may include orders placed by the same ERTIA UNLIMITED Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify the customer by contacting the e-mail and/or billing address provided at the time the order was made. ERTIA UNLIMITED reserves the right to limit or prohibit sales to dealers.

Shipping

All orders placed on this site are subject to product availability and will be shipped according to ERTIA UNLIMITED’s shipping policies.

In the rare event that a duly executed order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail.

Termination of Use

ERTIA UNLIMITED may, in its sole discretion, terminate your account or your use of the ERTIA UNLIMITED Web site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. ERTIA UNLIMITED reserves the right to change, suspend or discontinue all or any aspects of the ERTIA UNLIMITED Web site at any time without prior notice.

NOTE: ERTIA UNLIMITED is not responsible for the misuse of products, services or information associated with its offerings or for malfeasance by outside parties implicating ERTIA UNLIMITED, its products or services.

Privacy Policy

ERTIA UNLIMITED (EU) values and respects the privacy of its clients and customers.

Information required and provided for the purposes of information exchange or product or service purchases, either online or by phone, will be retained by EU for future reference, should questions or future communications require such information.  Such information includes names, mailing addresses, phone numbers, and electronic mail addresses.  Credit card information is generally handled by certified and secured third-party service providers for transactional purposes only.  For non-carded purchases (such as phone orders), a temporary banking of card data may be made to validate the purchase and to certify and facilitate any follow-up return or exchange transactions.  Electronic mail addresses may be used by EU to announce, promote or advertise new initiatives of potential interest, and email addresses may be added to distribution lists for the Life Mastery Musings blog or other educational or promotional initiatives.  Customers may unsubscribe from such offerings at any time.

None of the personal information held by EU will be shared or sold to outside, unaffiliated vendors for any purpose, including marketing or “prospecting” purposes.

Cookies

EU believes that shopping preferences are the province of the shopper and EU, therefore, does not tag communications with “cookies”.

Constitutive Information Access/Exchange

Restricted Access to information held by EU is provided to affiliated businesses and third-party service providers for purposes of completing and validating transactional engagements.  EU employs selected other companies and individuals to perform functions on its behalf.  Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, processing credit card payments, and providing customer service.  Such business partners have access to personal information needed to perform their functions, but they are not authorized to use such information for other purposes.

As EU continues to develop its business, it may acquire or formally partner with complementary other businesses.   In such transactions, customer information is an important business asset but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise).   In the event that ERTIA UNLIMITED or the substantiality of all of its assets is acquired, customer information would, of course, be one of the assets transferred.

Extenuating Circumstances

EU will release account and selected other personal information when we are required or believe release is appropriate to comply with the law, to enforce or apply our and other agreements, or to protect the rights, property, or safety of EU, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth otherwise in this Privacy Notice.

Customer/User Contact

ERTIA UNLIMITED may contact individuals or enterprises that appear within its radar corona through either active or passive means – e.g., as either customers or inquisitors or potential customers or partners.  Contact may be made via phone, email, or written communication, depending on access portals available and the purpose of the contact.

Purposes for contact may include promotion of new offerings, responses to general inquiries, questions about an order, custom orders, news to share, and/or blog or business updates.

Contacts may include businesses or merchants with active or potentially active partnerships.

Individuals or enterprises contacted by ERTIA UNLIMITED for any purpose may unsubscribe by requesting the removal of their contact information from the EU distribution list.

Return & Refund/Exchange Policy

ERTIA UNLIMITED makes a Good Faith effort to provide highest quality products and services.

Defective products will be exchanged or fully refunded within 15 days of acquisition with the return of the item(s) and documentation of the original price paid.  Refunds will decrease to 75% by 30 days and 25% by 90 days.

Prepaid seminar / workshop fees for cancelled events or for personal exigencies preventing participation will be fully refunded.

Non-Refundable items include:

  • Postage / Handling / Shipping Charges for original purchases
  • Seminar / Workshop Registration Fees for active participants
  • Labor costs for custom work
  • Damaged or abused products
  • Special orders

Returning Defective or Incorrect Items

Items packed in appropriate shipping containers may be returned via insured USPS or UPS to:

ERTIA UNLIMITED
P.O. Box 23516
Lexington, KY 40517-3516

EU will cover the shipping cost for any returns.

Refund Method: For online purchases, refunds will be credited to the original credit or merchant services account.  Purchases by check or cash will be refunded via check.

ERTIA UNLIMITED Discretion: EU may amend its policy at any time due to unusual extant circumstances, but reserves the right to deny any exchange or return request which it deems unreasonable.

Rights & Permissions

A copyright can be an original work of authorship including software, mask works, literature, art, music, photographs, videos, etc.

Rights and Permissions

If you have any questions concerning the usage or licensing of ERTIA UNLIMITED copyrighted materials, for example, writings, photographs, video footage, ERTIA UNLIMITED advertisements or other ERTIA UNLIMITED materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the ERTIA UNLIMITED material.

Marketing or advertising requests (which may include promotions/give-aways, sponsorship, product placement and partnership requests) may be emailed to ertia@windstream.net.

For use of ERTIA UNLIMITED copyrighted material in third party works e.g., books or publications, please submit your detailed request to the address below and include the following:

  • Specific image(s) or material for which you are seeking permission
  • Surrounding copy or text to the ERTIA UNLIMITED material you wish to use in your project
  • Publisher, if applicable
  • Publishing date (and countries), if applicable
  • Title, if applicable
  • How ERTIA UNLIMITED and its products fit into your project
  • Your deadline

If you have any questions concerning the usage or licensing of ERTIA UNLIMITED trademarks, please submit your request to:

ERTIA UNLIMITED
Attention: Rights and Permissions,
P.O. Box 23516
Lexington, KY 40523-3516

Terms and Conditions

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the ERTIA UNLIMITED web site located atwww.ertia.org, and all associated sites linked to www.ertia.org by ERTIA UNLIMITED, its subsidiaries and affiliates. The Site is the property of ERTIA UNLIMITED and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

ERTIA UNLIMITED reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ERTIA UNLIMITED grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ERTIA UNLIMITED, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ERTIA UNLIMITED’s express prior written consent.

You may use information on ERTIA UNLIMITED products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by ERTIA UNLIMITED for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. ERTIA UNLIMITED reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any ERTIA UNLIMITED server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ERTIA UNLIMITED, including any ERTIA UNLIMITED account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ERTIA UNLIMITED’s systems or networks, or any systems or networks connected to the Site or to ERTIA UNLIMITED.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ERTIA UNLIMITED on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ERTIA UNLIMITED or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

ERTIA UNLIMITED’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

ERTIA UNLIMITED may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and ERTIA UNLIMITED makes no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an ERTIA UNLIMITED ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify ERTIA UNLIMITED immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by ERTIA UNLIMITED or any other user of or visitor to the Site due to someone else using your ERTIA UNLIMITED ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ERTIA UNLIMITED ID, password or account at any time without the express permission and consent of the holder of that ERTIA UNLIMITED ID, password or account. ERTIA UNLIMITED cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

ERTIA UNLIMITED’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view ERTIA UNLIMITED’s Privacy Policy, [insert click here]. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the ERTIA UNLIMITED Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ERTIA UNLIMITED’s control, and ERTIA UNLIMITED is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

ERTIA UNLIMITED DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ERTIA UNLIMITED CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ERTIA UNLIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ERTIA UNLIMITED DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ERTIA UNLIMITED SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ERTIA UNLIMITED FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

ERTIA UNLIMITED reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will ERTIA UNLIMITED be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ERTIA UNLIMITED has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, ERTIA UNLIMITED is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, ERTIA UNLIMITED’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against ERTIA UNLIMITED (but not including the purchase price for any ERTIA UNLIMITED products or services), or (2) US$100.00. Since some jurisdictions do not allow limitations of liability, the foregoing limitation may not apply directly to your circumstances.

Indemnity

You agree to indemnify and hold ERTIA UNLIMITED, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against ERTIA UNLIMITED by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

ERTIA UNLIMITED may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ERTIA UNLIMITED’s rights or property, or the rights or property of visitors to or users of the Site, including ERTIA UNLIMITED’s customers. ERTIA UNLIMITED reserves the right at all times to disclose any information that ERTIA UNLIMITED deems necessary to comply with any applicable law, regulation, legal process or governmental request. ERTIA UNLIMITED also may disclose your information when ERTIA UNLIMITED determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that ERTIA UNLIMITED may preserve any transmittal or communication by you with ERTIA UNLIMITED through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or ERTIA UNLIMITED determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ERTIA UNLIMITED, its employees, users of or visitors to the Site, and the public.

You agree that ERTIA UNLIMITED may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ERTIA UNLIMITED, for which monetary damages would be inadequate, and you consent to ERTIA UNLIMITED obtaining any injunctive or equitable relief that ERTIA UNLIMITED deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ERTIA UNLIMITED may have at law or in equity.

You agree that ERTIA UNLIMITED may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If ERTIA UNLIMITED does take any legal action against you as a result of your violation of these Terms of Use, ERTIA UNLIMITED will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ERTIA UNLIMITED. You agree that ERTIA UNLIMITED will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Kentucky without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Fayette County, Kentucky, and waive any objection to such jurisdiction or venue.  Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between ERTIA UNLIMITED and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

ERTIA UNLIMITED administers and operates the www.ertia.org Site from its location in Lexington, Kentucky, USA.  Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. ERTIA UNLIMITED reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and ERTIA UNLIMITED with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and ERTIA UNLIMITED with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with ERTIA UNLIMITED, ERTIA UNLIMITED will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. ERTIA UNLIMITED’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ERTIA UNLIMITED of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between ERTIA UNLIMITED and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Complaints & Customer Service Contact

Complaints against ERTIA UNLIMITED products, services or representations may be made in writing to:

COMMUNICATIONS DIVISION

ERTIA UNLIMITED

P.O. Box 23516

Lexington, KY 40523-3516

Specific nature of the complaint, product or service involved. and specific contact information for a response, including name, mailing address, phone number and email address, need to be clearly indicated.

Details concerning product return/refund policies are provided at: [link to Return & Exchange Policy be added].

For all other customer service needs, contact may be made via email at: ertia@windstream.net or by phone at (859)273-3629.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. ERTIA UNLIMITED shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.
Copyright © 2014 ERTIA UNLIMITED Inc. All rights reserved.
ERTIA UNLIMITED, P.O. Box 23516, Lexington, KY 40523-3516, USA.

Trademarks and Copyright

These guidelines are for ERTIA UNLIMITED licensees, authorized resellers, developers, customers, and other parties wishing to use ERTIA UNLIMITED’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of ERTIA UNLIMITED trademarks may be prohibited, unless expressly authorized.

If you are a licensee of an ERTIA UNLIMITED trademark or logo and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines. If you are an ERTIA UNLIMITED Authorized Reseller or member of an ERTIA UNLIMITED program, you may be subject to additional restrictions.

ERTIA UNLIMITED’s trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using an ERTIA UNLIMITED trademark, in whole or in part, you are acknowledging that ERTIA UNLIMITED is the sole owner of the trademark and promising that you will not interfere with ERTIA UNLIMITED’s rights in the trademark, including challenging ERTIA UNLIMITED’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any ERTIA UNLIMITED trademark. The goodwill derived from using any part of an ERTIA UNLIMITED trademark exclusively inures to the benefit of and belongs to ERTIA UNLIMITED. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise.

Authorized Use of ERTIA UNLIMITED Trademarks

1. Advertising, Promotional, and Sales Materials: Only ERTIA UNLIMITED and its authorized resellers and licensees may use the ERTIA UNLIMITED Logo in advertising, promotional, and sales materials. Such authorized parties may use the ERTIA UNLIMITED Logo only as specified in their agreement with ERTIA UNLIMITED and any associated Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with ERTIA UNLIMITED. For example:

  • Authorized Reseller
  • Authorized Value Added Reseller
  • Authorized Service Provider
  • Authorized Wholesaler 

2. Compatibility: Developers may use ERTIA UNLIMITED word mark (but not the ERTIA UNLIMITED Logo or other ERTIA UNLIMITED-owned graphic symbol/logo) in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced ERTIA UNLIMITED product or technology, provided they comply with the following requirements.

a. The ERTIA UNLIMITED word mark is not part of the product name.

b. The ERTIA UNLIMITED word mark is used in a referential phrase such as “compatible with.”

c. The ERTIA UNLIMITED word mark appears less prominent than the product name.

d. The product is in fact compatible with, or otherwise works with, the referenced ERTIA UNLIMITED product.

e. The reference to ERTIA UNLIMITED does not create a sense of endorsement, sponsorship, or false association with ERTIA UNLIMITED or ERTIA UNLIMITED products or services.

f. The use does not show ERTIA UNLIMITED or its products in a false or derogatory light.

3. Publications, Seminars, and Conferences: You may use an ERTIA UNLIMITED word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:

a. The use is referential and less prominent than the rest of the title.

b. The use reflects favorably on both ERTIA UNLIMITED and ERTIA UNLIMITED products or technology.

c. Your name and logo appear more prominent than the ERTIA UNLIMITED word mark on all printed materials related to the publication, seminar or conference.

d. The ERTIA UNLIMITED logo or any other ERTIA UNLIMITED-owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from ERTIA UNLIMITED.

e. A disclaimer of sponsorship, affiliation, or endorsement by ERTIA UNLIMITED, similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by ERTIA UNLIMITED Inc.”

f. A trademark attribution notice is included in the credit section giving notice of ERTIA UNLIMITED’s ownership of its trademark(s). Please refer to the section below titled “Proper Trademark Notice and Attribution.”

4. Web Sites: Web sites that serve only as noncommercial electronic informational forums concerning an ERTIA UNLIMITED product or technology may use the appropriate ERTIA UNLIMITED word mark, provided such use complies with the guidelines set forth in Section 3 above.

Unauthorized Use of ERTIA UNLIMITED Trademarks

1. Company, Product, or Service Name: You may not use or register, in whole or in part, ERTIA UNLIMITED, TOIT or any other ERTIA UNLIMITED trademark, including ERTIA UNLIMITED-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.

2. ERTIA UNLIMITED Logo and ERTIA UNLIMITED-owned Graphic Symbols: You may not use the ERTIA UNLIMITED Logo or any other ERTIA UNLIMITED-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from ERTIA UNLIMITED, such as a reseller agreement.

3. Variations, Takeoffs or Abbreviations: You may not use an image of a real ERTIA UNLIMITED or other variation of the ERTIA UNLIMITED logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of an ERTIA UNLIMITED trademark for any purpose.

4. Disparaging Manner: You may not use an ERTIA UNLIMITED trademark or any other ERTIA UNLIMITED-owned graphic symbol, logo, or icon in a disparaging manner.

5. Endorsement or Sponsorship: You may not use ERTIA UNLIMITED, TOIT or any other ERTIA UNLIMITED trademark, including ERTIA UNLIMITED-owned graphic symbols/logos, or icons, in a manner that would imply ERTIA UNLIMITED’s affiliation with or endorsement, sponsorship, or support of a third party product or service.

6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing ERTIA UNLIMITED, TOIT or any other ERTIA UNLIMITED trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from ERTIA UNLIMITED.

7. ERTIA UNLIMITED’s Trade Dress: You may not imitate the distinctive ERTIA UNLIMITED packaging, web site design, logos, or typefaces.

8. Slogans and Taglines: You may not use or imitate an ERTIA UNLIMITED slogan or tagline.

9. Domain Names: You may not use an identical or virtually identical ERTIA UNLIMITED trademark as a second level domain name.

The TOIT Trademark

  1. You may not use the TOIT trademark standing alone except to denote or refer to ERTIA UNLIMITED product lines.
  2. You may use “TOIT” in your product name, company name, trade name, or service name provided your name satisfies the following criteria:

a. Your product is not a motivational or incentivation offering.

b. Your product is the offering of a licensed third party business associated with ERTIA UNLIMITED.

c. “TOIT” is used in combination with another non-generic word.

d. Your name does not suggest a false association with ERTIA UNLIMITED.

e. Your name is not confusingly similar to any trademark owned or used by ERTIA UNLIMITED.

f. You acknowledge that ERTIA UNLIMITED is the sole owner of the “TOIT” trademark and that you will not interfere with ERTIA UNLIMITED’s use or registration of “TOIT” alone or in combination with other words.

g. If you are an ERTIA UNLIMITED Authorized Reseller or member of an ERTIA UNLIMITED program, you may be subject to additional restrictions.

Proper Trademark Notice and Attribution

1. Distribution Within the United States Only

a. On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (TM, SM, ®) the first time the ERTIA UNLIMITED trademark appears in the text of the advertisement, brochure, or other material.

b. Include an attribution of ERTIA UNLIMITED’s ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication.

Following are the correct formats:

_________ and _______ are registered trademarks of ERTIA UNLIMITED

_________ and _______ are trademarks of ERTIA UNLIMITED

2. Distribution Outside the United States:

a. Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the United States.

b. Use one of the following international credit notices:

_________ is a trademark of ERTIA UNLIMITED, registered in the U.S. and other countries.

_________ is a trademark of ERTIA UNLIMITED

Depictions of ERTIA UNLIMITED Products

1. Endorsement or Sponsorship: Unless explicitly and contractually agreed, ERTIA UNLIMITED does not support the use of its logos, company names, product names, or images of ERTIA UNLIMITED products by other parties in marketing, promotional or advertising materials as their use may create the perception that ERTIA UNLIMITED endorses or sponsors the product, service or promotion.

Example of a Licensable Depiction:  “Get TOIT <symbol> and DOIT in a Jeep”

2. Compatibility: If you are a partnering developer, you may show an image of an ERTIA UNLIMITED product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the ERTIA UNLIMITED product or technology, provided you comply with the following requirements:

a. Your product is in fact compatible with, or otherwise works with, the referenced ERTIA UNLIMITED product.

b. The image is an actual photograph of the genuine ERTIA UNLIMITED product and not an artist’s rendering (Note: You must obtain express written permission from ERTIA UNLIMITED before using any photograph owned or licensed by ERTIA UNLIMITED).

c. The ERTIA UNLIMITED product is shown only in the best light, in a manner or context that reflects favorably on the ERTIA UNLIMITED products and on ERTIA UNLIMITED Inc.

d. The reference to ERTIA UNLIMITED does not create a sense of endorsement or sponsorship by, or other false association with, ERTIA UNLIMITED or ERTIA UNLIMITED products.