Terms & Conditions of Use
This website, applications, tools and services (collectively, the “Website”) is operated by Endurance Zone (along with our subsidiaries and affiliates (including, but not limited to, Endurance Zone TV, Professional Triathlon Series, I Wish I Was Racing, Real Mothers of Triathlon) and these terms and conditions apply to all websites, applications, tools and services owned, operated, controlled and otherwise made available by Endurance Zone, its parent, their affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites).
IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE, SUBSCRIBING TO ENDURANCE ZONE SERVICES, PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE ENDURANCE ZONE SERVICES AND PRODUCTS, AND THE RELATED ENDURANCE ZONE SOFTWARE, DATA, CONTENT AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “ENDURANCE ZONE PLATFORM”).
Endurance Zone IS WILLING TO PROVIDE YOU WITH ACCESS TO THe Endurance Zone Platform ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM Endurance Zone IN CONNECTION WITH THE Endurance Zone Platform (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY additional terms and conditions that can be viewed either on the pages containing ANY services or offerings or via a link on those pages or other directions to the additional terms and conditions AVAILABLE ON THE Endurance Zone PLATFORM (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE Endurance Zone Platform.
This document represents a legally binding agreement between you and your representatives and Endurance Zone. Please be advised that this Agreement contains provisions that govern the handling of claims (see “Warranty Disclaimer”; “Limitation of Liability” and “Arbitration” provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against Endurance Zone or Endurance Zone’s agents to binding and final arbitration.
By accessing, subscribing, downloading and/or otherwise using the Endurance Zone Platform, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such individual or entity, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Endurance Zone that may be published within the Endurance Zone Platform.
If you are acting on behalf of a business entity, the principals of the entity hereby join in the execution of this Agreement for the purpose of guaranteeing the performance by you of each and every one of its obligations under this Agreement, including, without limitation, the payment of any fee due to Endurance Zone.
The Endurance Zone Platform is owned and operated by Endurance Zone and its licensors and is protected by copyright and other intellectual property laws under the United States and international laws and treaties – Copyright 2020 Endurance Zone LLC. All rights reserved. The compilation and arrangement of all content, data, and other information found within the Endurance Zone Platform is also the sole and exclusive property of Endurance Zone and its licensors and is protected by the U.S. and international intellectual property laws. The “look and feel” of the Endurance Zone Platform, meaning, the structure, sequence, and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Endurance Zone and its licensors and are fully protected under the U.S. and international intellectual property laws.
Use of the Endurance Zone Platform
Subject to the terms and conditions set forth herein and any third party restrictions, Endurance Zone grants you a non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access the Endurance Zone Platform to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the Endurance Zone Platform solely for your informational purposes and for your immediate, private, personal and non-commercial use, (bc) make purchases of goods and services available on or through the Endurance Zone Platform; provided that you retain all Endurance Zone copyright and proprietary notices contained in the original materials or any copies thereof.
All rights not expressly stated herein are reserved by Endurance Zone and Endurance Zone disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Endurance Zone Platform, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Endurance Zone Platform, or any part thereof, in any form; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Endurance Zone Platform, or any part thereof; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the Endurance Zone Platform in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Endurance Zone, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use the Endurance Zone Platform to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using the Endurance Zone Platform; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Endurance Zone Platform; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the Endurance Zone Platform or servers or networks connected to the Endurance Zone Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Endurance Zone Platform; and (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users.
You agree not to access the Endurance Zone Platform by any means other than through the interface that is provided to you by Endurance Zone for use in accessing the Endurance Zone Platform.
By posting of information or other materials on or within the Endurance Zone Platform or by making such information available for downloading by you, Endurance Zone does not waive any proprietary right in and to the Endurance Zone Platform (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Endurance Zone Platform except for the limited license expressly granted herein.
By making a Submission, you waive the right to make any claim against Endurance Zone or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.
You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for Endurance Zone. You also agree to maintain and promptly update your Submissions by means of the Endurance Zone Platform in order to keep that information true, accurate, current, and complete.
Endurance Zone does not and cannot review all Submissions posted to or created by users accessing the Endurance Zone Platform and is not in any manner responsible for the content, postings and/or communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Endurance Zone Platform, Endurance Zone is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though Endurance Zone may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, profanity or misrepresentation. Notwithstanding the foregoing, Endurance Zone reserves the right to block or remove Submissions, communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another; (d) offensive or otherwise unacceptable to Endurance Zone as determined in its sole discretion; or (e) violates this Agreement or any agreement entered into between you or your employer and Endurance Zone as determined in Endurance Zone’s sole discretion.
Limitations on Internet & Endurance Zone Platform
You acknowledge that Endurance Zone may establish limits concerning use of the Endurance Zone Platform, including the maximum number of days that Submissions will be retained by the Endurance Zone Platform, the maximum number and size of postings, e-mail messages, or other Submissions that may be transmitted or stored by the Endurance Zone Platform, and the frequency with which you may access the Endurance Zone Platform.
You agree that Endurance Zone has no responsibility or liability for the deletion or failure to store any Submissions maintained or transmitted by the Internet. You acknowledge that Endurance Zone reserves the right at any time to modify or discontinue the Endurance Zone Platform (or any part thereof) with or without notice and that Endurance Zone shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Endurance Zone Platform.
Electronic Delivery Policy and Your Consent
By using the Endurance Zone Platform, you consent to electronically receive from Endurance Zone all communications including notices, agreements, legally required disclosures or other information in connection with the Endurance Zone Platform (collectively, “Notices”). Endurance Zone shall provide such electronic Notices by posting them on the Endurance Zone Platform. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of this Endurance Zone Platform.
Your access and use the Endurance Zone Platform at your sole risk. The Endurance Zone Platform is provided to you on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, Endurance Zone disclaims all representations, guarantees and warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.
Without limiting the foregoing, Endurance Zone does not represent or warrant that (a) the Endurance Zone Platform will be uninterrupted, timely, secure or error-free, (b) the defects in the Endurance Zone Platform will be corrected, (c) the Endurance Zone Platform or the servers that operate the Endurance Zone Platform are free of viruses or other harmful components, (d) the data, results, and information within the Endurance Zone Platform will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the Endurance Zone Platform will meet your needs, requirements or expectations.
Endurance Zone may make changes to the content within the Endurance Zone Platform or to your Submissions, products, or services described in it, at any time without notice to you. Further, Endurance Zone assumes no liability or responsibility for any errors or omissions in the content within the Endurance Zone Platform. The materials in the Endurance Zone Platform may be out of date or inaccurate, and Endurance Zone specifically disclaims any duty to update such content.
Any material downloaded or otherwise obtained by you through the use of the Endurance Zone Platform is done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.
You acknowledge and agree that Endurance Zone shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Endurance Zone. You acknowledge and agree that Endurance Zone shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the Endurance Zone Platform provided by any other user of this Endurance Zone Platform or any third party licensors or suppliers of Endurance Zone.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the Endurance Zone Platform, and no warranties shall apply after such period.
You further acknowledge that data entry and conversion are subject to human and machine errors, omissions, delays, and losses, including inadvertent loss or corruption of data or damage to media, which may give rise to loss or damage. You agree Endurance Zone will not be liable for any such errors, omissions, delays, or losses. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of data you enter; examining and confirming results prior to use of data; and adopting procedures to identify and correct errors and omissions and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data.
Harassment in any manner or form on this Endurance Zone Platform, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Endurance Zone employee or representative, as well as other members or visitors on this Endurance Zone Platform is prohibited. You may not upload to, distribute, send or otherwise publish through or within the Endurance Zone Platform any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party; or which may otherwise give rise to civil liability, violate any law or infringe on a third party’s intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender-related material, or material that violates Endurance Zone’s then-current policies). You may not upload commercial content on or within this Endurance Zone Platform or use the same to solicit others to join or become members of any other commercial online service or other organization.
You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the Endurance Zone Platform; (b) use Internet Relay Chat (IRC) bots via this Endurance Zone Platform (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the Endurance Zone Platform or the normal flow on this Endurance Zone Platform of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (e) run any program on the Endurance Zone Platform that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the Endurance Zone Platform or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the Endurance Zone Platform in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the Endurance Zone Platform to access the accounts of others without permission; (j) attempt to penetrate security measures of Endurance Zone or another entity, or obtain or bypass others’ passwords; and (k) engage in denial of service attacks (i.e., actions designed to impair network access by flooding the Endurance Zone Platform with useless traffic).
Limitation of Liability
NEITHER Endurance Zone, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE Endurance Zone Platform, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE Endurance Zone Platform AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE Endurance Zone Platform OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS Endurance Zone PLATFORM, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE Endurance Zone Platform; THE LINKING TO OTHER WEBSITES FROM THE Endurance Zone Platform; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS Endurance Zone PLATFORM; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE Endurance Zone Platform WHETHER OR NOT Endurance Zone HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL Endurance Zone’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO Endurance Zone FOR ACCESS AND USE OF THE Endurance Zone Platform OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE Endurance Zone PLATFORM, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).
SOME STATES DO NOT ALLOW THE FOREGOING EXCLUSIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Access to the Endurance Zone Platform
You shall be responsible for obtaining access to the Endurance Zone Platform and for all equipment necessary to access the Endurance Zone Platform and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the Endurance Zone Platform, including, without limitation, all telephone, equipment, airtime, and internet service provider charges.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the Endurance Zone Platform and to select a unique username and password in order to be able to access your account and use any of the Endurance Zone Platform. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Endurance Zone in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via email to
The Endurance Zone Platform resides on the public internet. Endurance Zone uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Endurance Zone and any information stored on servers controlled by Endurance Zone. Notwithstanding these efforts, Endurance Zone cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the Endurance Zone Platform; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Endurance Zone Platform, overloading, “flooding,” “mailbombing” or “crashing” the Endurance Zone Platform. Violations of system or network security may result in civil or criminal liability. Endurance Zone reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
You agree to indemnify, defend, and hold harmless Endurance Zone, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against any and all actions, suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, orders, decrees, rulings, damages, dues, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes (whether federal, state, local, or foreign), liens, losses, expenses, and fees, including, without limitation, court costs and reasonable attorneys’ fees and expenses, resulting from (a) any third party claim, (b) any violation of the terms and conditions of this Agreement, (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (d) your use of (or inability to use) the Endurance Zone Platform, (e) any use of your Submission by Endurance Zone or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.
The blog entries, quotations, and other editorial content on this Endurance Zone Platform are provided “as is” with no warranties and confers no rights. The blog entries are solely the opinion of the author and do not necessarily reflect the opinions of Endurance Zone.
You agree that Endurance Zone, at its sole discretion, may terminate this Agreement at any time and/or suspend your access to and use of the Endurance Zone Platform (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Endurance Zone believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Endurance Zone reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Endurance Zone Platform (or any part thereof) without notice. You agree that Endurance Zone shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of, or access to, the Endurance Zone Platform. Your obligations under this Agreement shall continue even after Endurance Zone has terminated and/or canceled this Agreement or your access to the Endurance Zone Platform.
Products and services sold from this Endurance Zone Platform may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, Endurance Zone reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.
Display/Colors & Specifications
The Endurance Zone Platform attempts to display images shown through it as accurately as possible. However, Endurance Zone cannot guarantee that the image or color you see displayed on your monitor represents the actual image or conforms to the specifications that you have selected.
Pricing, Special Offers and Promotions
All prices shown through the Endurance Zone Platform are applicable solely for purchase by users directly through this Endurance Zone Platform. Prices, specifications, and features are subject to change without notice. Prices within the Endurance Zone Platform may not be the same as prices available through sales representatives, telephone orders, or promotional offers. Endurance Zone does not have a price match guarantee.
Special products, pricing or service offerings, and promotions may be displayed from time to time through the Endurance Zone Platform and are considered discontinued and no longer valid once they are removed from the Endurance Zone Platform. In addition, all such offerings and promotions displayed through the Endurance Zone Platform are subject to change or cancellation at any time without notice. Programs/promotions available through sales representatives or telephone orders may not be available through the Endurance Zone Platform and vice versa.
On rare occasions, service and/or a product may be priced incorrectly on the Endurance Zone Platform. If this occurs, then at the sole discretion of Endurance Zone, Endurance Zone may either (a) refuse or cancel your order whether or not the order has been confirmed and you have paid; (b) contact you for instructions; (c) cancel the order for such service and notify you of such cancellation, or (d) sell the product or perform the service at the incorrect price to your benefit.
Validating & Approving Registration and/or Submission
We reserve the right to reject your Submission or order, for any or no reason whatsoever. If we do reject any of the foregoing activities on the Endurance Zone Platform, we will generally attempt to notify you by using the contact information you gave to us at the time of registration or your most recent Submission.
Sales, VAT & Use Tax Policy
Sales, VAT, use and other taxes may be added. We will do our best to accurately calculate sales, VAT, use and other taxes, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales, VAT, use or other taxes for your order, you may still be responsible for paying such taxes for the services and/or your purchase if required by applicable taxing authorities including, but not limited to, federal, state or local tax rules and laws.
After you place an order through the Endurance Zone Platform, we will check the information you gave us for validity. We may require additional verifications or information before accepting any order. Your receipt of an electronic or other form of confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our performance. We reserve the right at any time after receipt of your order to accept or decline your order and/or to limit quantities on any order, for no or any reason whatsoever. If we reject your order, we will generally attempt to notify you by using the contact information you gave to us with your order. You will not be charged if we reject an order, but we will process a refund if a charge has been made against you in error.
You shall immediately notify Endurance Zone in writing if you know or have reason to believe that Endurance Zone has been or will be required, as a result of activity arising out of or related to this Agreement or your use of the Endurance Zone Platform by any court or administrative agency of the United States or any state or by any legal process to respond to any subpoena, search warrant, discovery or other directive under the authority of such court, administrative agency, governmental inquiry or process in connection with any proceeding or investigation in which you or any of your affiliates, officers, directors, agents, employees, or subcontractors is involved. Whether or not such notice is given by you, you shall directly assist Endurance Zone in Endurance Zone’s attempt to reduce the burdens of compliance with any such directives, and you shall reimburse any and all reasonable expenses incurred by Endurance Zone in complying with any such directive, including, but not limited to, attorneys’ fees and Endurance Zone’s outside counsel attorneys’ fees for representation and advice, travel and lodging expenses that are incurred by Endurance Zone in responding to such matters.
Order of Preference
This Agreement governs your use and access to the Endurance Zone Platform. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Endurance Zone, including, without limitation, any Services Agreement by and between you and/or your employer and Endurance Zone. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Endurance Zone Platform, conflicts with any provision of your other agreements with Endurance Zone, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.
Links to Other Websites
Revisions and Consents
Endurance Zone reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. Endurance Zone also reserves the right to make changes at any time, without notice or obligation, to any of the information, products, or services contained on or offered through the Endurance Zone Platform. Such updates, revisions, supplements, modifications and additional rules, policies, terms, and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Endurance Zone Platform or via electronic notice as described above. By continuing to access this Endurance Zone Platform, you acknowledge and agree that you shall be bound by such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
Endurance Zone may make forward-looking statements concerning Endurance Zone’s future performance. Such statements are subject to risks and uncertainties that may cause Endurance Zone’s actual performance to differ materially from that set forth in such forward-looking statements. Words such as “believe,” “expect,” “anticipate,” “intend,” or similar expressions are intended to identify forward-looking statements. Such statements speak only as of the date on which they are made. Endurance Zone undertakes no obligation to update publicly or revise any such statements. Factors that could cause Endurance Zone’s actual financial and other results to differ materially from those projected by Endurance Zone in forward-looking statements include, but are not limited to, competition, economic conditions, delinquencies and credit losses, interest rate increases, availability of funding and securitization, customer behavior, new products and markets, growth, legal and regulatory.
This Agreement constitutes the entire agreement between you and Endurance Zone with respect to the subject matter addressed herein and governs your access to, and use of, the Endurance Zone Platform, superseding any prior agreements between you and Endurance Zone relating to such subject matter, but this Agreement may be supplemented by any other agreement you and/or your employer enter into with Endurance Zone pursuant to your enrollment and/or participation in other features of the Endurance Zone Platform.
Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on the written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator. The arbitration shall take place in Baltimore, Maryland in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).
Should any suit be commenced to enforce Endurance Zone’s rights and in the event Endurance Zone is successful, you agree to pay Endurance Zone’s expenses and attorney’s fees incurred.
Any and all trademarks displayed within the Endurance Zone Platform are owned by Endurance Zone, its licensors, or its affiliates. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Endurance Zone. “Confidential Information” means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Endurance Zone or its licensors, including, but not limited to, all parts of the Endurance Zone Platform and any other materials or information related to the business or activities of Endurance Zone that are not generally known to others engaged in similar businesses or activities.
This Agreement is executed in the State of Maryland and shall be governed by, and interpreted in accordance with, the laws of the State of Maryland, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Endurance Zone Platform, and purchases of products and/or services through the Endurance Zone Platform must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. Subject to the foregoing arbitration terms and conditions, you agree that the exclusive jurisdiction for any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, shall be the state courts located in the state of Maryland or the United States District Court for the state of Maryland for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Endurance Zone Platform.
YOU WAIVE ALL RIGHTS TO TRIAL BY JURY OF ANY CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. YOU ACKNOWLEDGE THAT THIS IS A WAIVER OF A LEGAL RIGHT AND REPRESENT THAT YOUR WAIVER IS MADE KNOWINGLY AND VOLUNTARILY AFTER CONSULTATION WITH COUNSEL OF YOUR CHOICE. TO THE EXTENT APPLICABLE, YOU AGREE THAT ALL SUCH CLAIMS SHALL BE TRIED BEFORE A JUDGE OF A COURT HAVING JURISDICTION WITHOUT A JURY.
Applicability of Content
The servers supporting the Endurance Zone Platform are operated in the United States of America, and Endurance Zone makes no representation that the content provided through the Endurance Zone Platform are applicable or appropriate for use in jurisdictions other than the United State of America. If you access our Endurance Zone Platform from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the Endurance Zone Platform, you may not view or use the Endurance Zone Platform.
Endurance Zone Intellectual Property Notice
Pursuant to the Digital Millennium Copyright Act, Endurance Zone has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Endurance Zone Platform. Endurance Zone respects the intellectual property of others and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide Endurance Zone’s Intellectual Property Agent the following information (the “Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property right that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the Endurance Zone Platform; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the applicable intellectual property owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Endurance Zone’s Agent for transmitting the Notice for claims of copyright or other intellectual property right infringement can be contacted at: email@example.com
In the event, any provision (or any part of any provision) contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision (or remaining part of the affected provision) of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision (or part thereof) had never been contained herein, but only to the extent, such provision (or part thereof) is invalid, illegal, or unenforceable.
Endurance Zone’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement.
Endurance Zone may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Endurance Zone.
Each party is an independent contractor of the other. This Agreement does not create any agency, employment, partnership or joint venture between the parties.
The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
Print this Agreement
You acknowledge that you have read this Agreement and have had an opportunity to consult with an attorney. For record-keeping purposes, Endurance Zone encourages you to print this Agreement and the ancillary documents described herein.
You agree that this Agreement, combined with your act of using the Endurance Zone Platform has the same legal force and effect as a written contract with your written signature and satisfies any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.
Created: April 15, 2020