Terms of service
Last updated:
1. AGREEMENT TO THESE TERMS
These Terms of Service ("Terms") are a legal agreement between you and Rene Moran Mendez, doing business as ErneMore ("ErneMore," "we," "us," or "our"), governing your access to and use of our website at https://ernemore.com and any related pages, forms, and booking tools (together, the "Website").
By using the Website, you agree to these Terms. If you do not agree, please do not use the Website.
2. ABOUT ERNEMORE
ErneMore builds websites and lead follow-up systems for gyms and fitness studios, including website design, Google business profile setup, appointment booking, and automated text and email follow-up. The Website provides information about our services and lets you contact us or book a call.
3. CLIENT SERVICES AND PRICING
Pricing and service descriptions on our Website are provided for general information and may change at any time. They do not constitute a binding offer. All client services are provided only under a separate written service agreement between ErneMore and the client. If there is any conflict between these Terms and a signed service agreement, the service agreement will govern.
4. ELIGIBILITY
The Website is intended for users who are at least 18 years old. By using the Website, you confirm that you are at least 18.
5. INTELLECTUAL PROPERTY
Unless otherwise noted, the Website and its content, including text, graphics, logos, design, and layout, are owned by or licensed to ErneMore and are protected by intellectual property laws. You may view the Website for your personal or internal business use. You may not copy, reproduce, distribute, or create derivative works from our content without our written permission.
6. PROHIBITED ACTIVITIES
You agree not to:
Use the Website for any unlawful purpose or in violation of these Terms.
Use the Website to advertise or offer to sell goods or services.
Submit false, misleading, or spam information through our contact forms or booking calendar.
Impersonate any person or business, or misrepresent your affiliation with any person or business.
Attempt to interfere with, disrupt, or gain unauthorized access to the Website, its servers, or any connected systems.
Use bots, scrapers, or other automated means to access or collect information from the Website.
Upload or transmit viruses, malware, or other harmful code.
Copy or reuse the Website's content or design without permission.
7. FORMS, BOOKINGS, AND COMMUNICATIONS
When you submit a form or book a call, you agree to provide accurate and current information. Booking a call does not create a client relationship or obligate either party to enter into a service agreement. We may contact you by email, phone, or text message about your inquiry, consistent with the choices you make and our Privacy Policy.
8. TEXT MESSAGING
If you provide your phone number and opt in, you may receive text messages from the ErneMore text messaging program, including appointment confirmations and reminders, customer care messages related to your inquiry, and, only if you separately opted in, marketing and promotional messages.
Message frequency varies.
Message and data rates may apply.
Reply STOP at any time to opt out. Reply HELP for help, or contact us at info@ernemore.com.
Consent to receive text messages is not a condition of using the Website or booking a call.
Mobile carriers are not liable for delayed or undelivered messages.
We do not sell, rent, or share your mobile number or text messaging consent with third parties or affiliates for their marketing purposes. See our Privacy Policy for more details.
9. THIRD-PARTY WEBSITES AND SERVICES
The Website may link to or use services provided by third parties, such as social media platforms and our online booking calendar. We do not control and are not responsible for third-party websites or services, their content, or their privacy practices. Your use of them is at your own risk and subject to their own terms.
10. PRIVACY
Your use of the Website is also governed by our Privacy Policy at https://ernemore.com/legal/privacy-policy, which explains how we collect, use, and protect your information.
11. DISCLAIMER
The Website is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we make no warranties of any kind, express or implied, about the Website, including that it will be uninterrupted, error-free, or free of harmful components. Content on the Website is for general information only and does not guarantee any particular business result.
12. LIMITATION OF LIABILITY
To the fullest extent permitted by law, ErneMore will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, or data, arising from your use of the Website. Our total liability for any claim related to the Website will not exceed one hundred US dollars ($100.00).
Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless ErneMore from any claims, losses, or expenses, including reasonable attorneys' fees, arising from your misuse of the Website or your violation of these Terms.
14. DISPUTE RESOLUTION
Informal negotiations. If a dispute arises relating to these Terms or the Website, you and ErneMore agree to first try to resolve it informally for at least thirty (30) days, starting from when one party gives written notice of the dispute to the other.
Binding arbitration. If the dispute is not resolved informally, it will be resolved by binding arbitration on an individual basis, held in New York County, New York, United States. If arbitration fees are deemed excessive for you, ErneMore will pay them. Either party may still bring an individual claim in small claims court if it qualifies.
Court proceedings. If a dispute proceeds in court rather than arbitration, it will be brought in the state or federal courts located in New York County, New York, and both parties consent to the jurisdiction of those courts.
Time limit. Any claim relating to these Terms or the Website must be brought within one (1) year after the claim arises, to the extent permitted by law.
15. GOVERNING LAW
These Terms are governed by the laws of the State of New York and the United States, without regard to conflict-of-law principles.
16. CORRECTIONS
Our Website may occasionally contain typographical errors, inaccuracies, or omissions, including in descriptions or pricing. We may correct them and update information at any time without prior notice.
17. ELECTRONIC COMMUNICATIONS
When you visit our Website, send us emails, or complete online forms, you are communicating with us electronically. You agree that notices, disclosures, and other communications we send you electronically satisfy any legal requirement that they be in writing.
18. CHANGES TO THESE TERMS
We may update these Terms from time to time. Changes take effect when posted on this page, and the "Last updated" date at the top will show when they were last revised. Your continued use of the Website after changes are posted means you accept the updated Terms.
19. TERMINATION
We may suspend or restrict your access to the Website at any time if you violate these Terms or misuse the Website.
20. GENERAL
If any part of these Terms is found unenforceable, the rest will remain in effect. Our failure to enforce any part of these Terms is not a waiver of our right to do so later. These Terms, together with our Privacy Policy, are the entire agreement between you and ErneMore regarding the Website.
21. CONTACT US
Questions about these Terms? Contact us:
Rene Moran Mendez, doing business as ErneMore
1178 Broadway
3rd Floor #4222
New York, NY 10001
United States
info@ernemore.com