TERMS OF USE

Endeavor Marketing Consulting, LLC

The information provided in this Website or application is not intended for distribution to or use by any person or entity in any jurisdiction or country where it would be contrary to law or regulation or which would make it subject to any registration requirement of that jurisdiction or country. Persons accessing this Website or application do so on their own initiative and are solely responsible and compliant with applicable local laws and you may not use this Website or application in violation of the Gramm-Leach-Bliley Act (GBLA). Subject to your compliance with these terms and conditions you are granted a non-exclusive, non-transferable and revocable license to use this Website or application and to download or print a copy of any content to which you have properly and legally gained access solely for your personal, non-commercial use or internal business purposes.

Intellectual Property: We own all intellectual property rights to this Website or application, including without limitation, source code, databases, design, graphics, functionality, animations, software, configurations, audio, video, text, photographs, charts and all subsequent modifications of them together with trademarks, service marks and logos appearing in them. No part of this Website or application may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, replicated on any other domain or platform or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.  We reserve all rights not expressly granted to you in and to all of the above intellectual property rights.

SUBMISSIONS: By sending us any question, comment, suggestion, idea, feedback or other information about our Website or application whether via the Website, application or by other form of transmittal (“Submission”) you agree that you have concurrently and immediately assigned to us all intellectual property rights to such Submission together with all ownership rights free of any restriction as to our use and dissemination for any lawful purpose, commercial or otherwise, without liability to us or requirement of acknowledgment, attribution or compensation to you.

USER OBLIGATIONS: By using this Website or application, you represent and warrant that (1) all information you submit through either medium is true, accurate, current and complete with no intention or purpose to defraud, mislead or misrepresent by such submissions; (2) you will maintain and update such information promptly to assure accuracy as necessary; (3) you are not a minor in the jurisdiction in which you reside and have the legal capacity to comply with an be bound by the legal obligations imposed under these Terms of Use; (4) you will not access our Website or applications through automated, or non-human means including through a bot, script, artificial intelligence or other automated software processes; (5) you will not use our Website or applications for illegal or unauthorized purposes and; (6) your use will not violate any applicable law or regulations applicable to your use.

PROHIBITED USES: You may not use our Website or applications for any purpose other than those for which We have expressly made them available, nor may they be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  By using our Website or applications you hereby agree not to:

• Systematically retrieve data or other content from them to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
• Attempt in any way to access or otherwise discover sensitive account information such as user passwords.
• Circumvent, disable, alter or otherwise interfere with their security features including features that prevent or restrict the use or copying of content or limit their use or restrict access to specific content.
• Disparage, malign, defame or discredit our Website, applications or us where such actions shall be determined by us in our sole and exclusive opinion.
• Use them to harass, abuse or harm us or any other persons or entities or otherwise improperly use them, or submit or seek to enforce false reports of abuse, misconduct, non-compliance or illegality related to them before a court or administrative agency of competent jurisdiction.
• Engage in unauthorized framing or linking of them to unauthorized platforms, users or networks.
• Attempt, upload or transmit to them viruses, malware, Trojan horses, worms or other digital agents that may impair, compromise, disrupt, alter, interfere with or terminate their intended functionalities, or the hardware systems that operate them, or enjoyment of their uninterrupted use and full capacities by any other user or our maintenance of them, including spamming, jamming or other continuous and/or malicious actions purposed to overwhelm or overload their capacities or those of the hardware or networks on which they operate.
• Engage any automated use of them such as using scripts to send comments, messages or enter data, or use data-mining robots or other data gathering and extraction tools on them.
• Delete copyright, registered trademarks, logos or other proprietary rights notices from their content.
• Attempt, upload or transmit to them any material, agent, software, script, worms, Web bugs, cookies or related mechanism (“spyware”) that acts as a passive or active information collection or transmission mechanism including without limitation, clear graphics interchange formats (“GIFS”), 1×1 pixels, and other forms of passive collection mechanisms (“pcms”).
• Interfere with, disrupt or create undue burdens on them or the networks, hardware or services connected to them.
• Harass, annoy, intimidate, solicit or threaten any of our employees, contractors or agents involved in maintaining, creating, operating or updating them for your benefit.
• Copy or adapt their code or content into other formats including but not limited to Flash, PHP, HTML, JavaScript or other code.
• Decipher, decompile, disassemble or reverse-engineer their coding, processes, content and connections.
• Except as a consequence of standard search engine or internet browser usage, use launch, develop or distribute an automated system including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses them, or use or launch any unauthorized script or other software in application to them.
• Use them to compete with us or to “piggy-back” auxiliary, augmenting or complimentary services or functions based on them for any revenue-generating endeavor or commercial enterprise without our written permission.

MAINTENANCE, MANAGEMENT AND ENFORCEMENT: We reserve the right but not the obligation to actively monitor your compliance with these Terms of Use and in our sole and exclusive discretion to: (1) take appropriate legal action against anyone who violates them including reporting them to law enforcement authorities, and; (2) refuse, restrict access to, limit the availability of or disable your use of our Website or applications including blocking of your IP address, and; (3) without notice or warning, compensation or any consequent liability from us to you, We may at any time remove your access to our Website or applications, disable your files and content and delete information which We deem inappropriate, excessive or burdensome to our systems; and (5) otherwise manage, maintain and amend our Website and applications in a manner designed to protect our rights, intellectual property and facilitate the proper and secure functioning of them from time to time as We see fit.

PRIVACY POLICY:  By using our Website or applications all of which are hosted in the United States, you agree to our Privacy Policy as set forth in this document as governed by the laws of the United States. If you access them or use them in any other region of the world subject to laws or other requirements governing personal data collection, use, or disclosure that differ from or contradict our Privacy Policy or the laws of the United States, then by continuing to use them you are advised that you are transferring your data and information to the United States and you expressly and affirmatively consent to having such data and information transferred and processed in the United States and thereby affirmatively waive and relinquish any and all causes of action, legal remedies and recourse to or reliance upon domestic or international courts of law, treaties or trade agreements in furtherance or enforcement of any such rights that contradict our Privacy Policy or the laws of the United States.

TERM AND TERMINATION: These Terms of Use shall remain in full force and effect at all times that you use our Website or applications. Without prejudice to or limitation of any other provisions set forth in these Terms of Use, We reserve the right to deny access to and use of them to you or any person in our sole discretion and without notice or liability for any reason or for no reason, and for any breach of the terms or obligations set forth here or of any applicable law or regulation, upon which event WE MAY IMMEDIATELY TERMINATE YOUR USE AND ACCESS TO OUR WEBSITE OR APPLICATIONS AND DELETE YOUR ACCOUNTS AND ANY CONTENT OR INFORMATION RETAINED BY US IN ANY FORMAT AT ANY TIME, WITHOUT WARNING OR NOTICE TO YOU OR LIABILITY TO US, IN OUR SOLE DISCRETION.  

If We terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a pseudonym, a false, fake or borrowed identity or the name of any third party, even though you may be acting on behalf of or as the agent of that third party. In addition to terminating or suspending your account and access, We reserve any and all rights at law or equity to pursue legal recourse against you, including without limitation, criminal, civil and injunctive redress.

MODIFICATION AND INTERRUPTION: We reserve the right to change, modify, or remove the contents of our Website and applications at any time or for any reason at our sole discretion and without notice. We assume no obligation to update, correct or amend them nor will We be liable to you or any third party for any modification, suspension or discontinuance of our Website or applications or our failure to modify or maintain them.

We cannot guarantee that our Website or applications will be available and operational at all times. We may experience hardware, software, platform disruptions or other problems or need to perform maintenance and repair to them, resulting in interruptions, delays, inconsistencies or errors in their operation and performance. You hereby confirm and agree that We have no liability whatsoever for any loss, damage, inconvenience or other consequence caused by your inability to access or use our Website or applications during any downtime or discontinuance. Nothing in our Terms of Use may be construed to obligate us to maintain and support our Website or applications or to supply corrections, updates or generate new releases in connection therewith.

GOVERNING LAW: These Terms of Use and your use of our Website and applications are governed by and construed according to the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principals.

DISPUTE RESOLUTION: To expedite resolution and control the cost of any dispute, controversy or claim related to any provision of the Terms of Use, Privacy Policy or Information Disclosure Provisions of this document, brought by either you or us, We agree to first attempt to negotiate any dispute or disagreement (except those expressly excluded, below) informally and in good faith for at least ten (10) days before initiating arbitration. Such informal negotiations will commence in person in the County of Orange, California or otherwise by tele-conference if mutually agreed by both of us within three (3) days of written notice being submitted by one of us to the other for each and every disputed issue or claim.

• Binding Arbitration: If We are unable to resolve issues through informal negotiations, resolution of our disagreements will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT IN THE ABSENCE OF THIS PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL AND YOU UNDERSTAND AND AGREE THAT YOU ARE EXPRESSELY WAIVING THAT RIGHT BY REASON OF THIS PROVISION. Arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules. The arbitration may be conducted in person, through the submission of physical documents, by phone or online via teleconference with electronic submission of documents to all participants and the Arbitrator. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by you or us. The arbitrator must follow applicable law, and any reward may be challenged if the arbitrator failed to do so. Except where otherwise required by AAA rules or applicable law, the arbitration will take place in Orange County, California if not otherwise engaged by teleconference. Either of us can litigate in court to compel arbitration upon the refusal of the other party to arbitrate, or seek a stay of legal proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

• Frustration of Intent: If for any reason, resolution must proceed in court rather than arbitration, the action must be commenced or prosecuted in the state and federal courts located in Orange County, California and each of us will hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the Uniform Computer Information Transactional Act (UCITA) is specifically excluded from bearing upon the legal proceedings in any such court action.

• Limitations: Neither of us will assert a right to arbitrate any dispute or disagreement pursuant to the terms and conditions set forth in this document more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither of us will elect to arbitrate a dispute or disagreement falling within that portion of this provision found to be illegal or unenforceable and resolution shall be pursued by a court of competent within the courts listed for jurisdiction above and all of us will submit to the personal jurisdiction of that court. Both of us agree that arbitration shall be limited to resolution of disputes between us individually and to the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for either of us to seek arbitration or redress of any dispute or disagreement on a class-action basis or to use class-action procedures; and (c) there is no right or authority for either of us to seek arbitration or redress in a purported representative capacity on behalf of the general public or any other persons.

• Exclusions to Arbitration: The above provisions concerning informal negotiations and binding arbitration shall specially exclude: (1) disputes and disagreements by which either of us is seeking to protect, confirm, enforce or define the validity or application of any intellectual property right; (b) any dispute or conflict related to or arising from allegations of theft, piracy, invasion of privacy, criminal activity or unauthorized use; and (c) any dispute, disagreement or activity giving rise to a potential claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither of us will elect to arbitrate a dispute or disagreement falling within that portion of this provision found to be illegal or unenforceable and resolution shall be pursued by a court of competent within the courts listed for jurisdiction above and all of us will submit to the personal jurisdiction of that court.

DISCLAIMER: THIS WEBSITE OR APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THEM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THEM AND RELATED TO YOUR USE OF THEM INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THEIR CONTENT OR OPERATIONS OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKE TO THEM AND WE WILL ASSUME NO LIABILITY FOR ANY: (1) ERRORS, MISTAKES, OMMISSIONS OR INACCURACIES  OF CONTENT, INTERFACES OR TECHNICAL AND OPERATIONAL CONTINUITY; (2) DAMAGES OF ANY NATURE WHATSOEVER DIRECTLY OR INDIRECTLY RESULTING FROM YOUR ACCESS TO AND USE OF THEM; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS  AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THEM; (5) ANY BUGS, VIRUSES, TROJAN HORSES, WORMS OR LIKE DESRUCTIVE, SPY OR INFILTRATING SOFTWARE WHICH MAY BE TRANSMITTE TO OR THROUGH THE SERVICES OR PLATFORMS OF ANY THIRD PARTY PROVIDER HOSTING OR PROVING HARDWARE SUPPORT TO OUR WEBSITE OR APPLICATIONS, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR OPERATIONAL PROGRAMMING OR INTERFACE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE OR APPLICATIONS. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY OR ANY PRODUCT OR SERVICE OFFERED THROUGH ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING ON OUR WEBSITE OR APPLICATIONS.

LIMITATION OF LIABILITY: IN NO EVENT WILL OUR OWNERS, DIRECTORS, EMPLOYEESS, PARTNERS, AFFILIATES, CONTRACTORS, INVESTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDIING WITHOUT LIMITATION LOST PROFIT, LOST REVENUE, LOSS OR CORRUPTION OF DATA, OPPORTUNITY COST OR OTHER DAMAGES ARISING FROM YOUR USE OF THIS WEBSITE OR APPLICATION, EVEN IF WE HAVE BEEN ADVISED O THE POSSIBILITY OR POTENTIAL FOR SUCH DAMAGES. NOTWITHSTANDING ANY THING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIME BE LIMITED TO NO MORE THAN $200.00 USD. CERTAIN UNITED STATES, STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRRANTIES OR THE EXLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL O THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION: You hereby agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, partners, contractors, agents and all of our respective owners, employees and investors, from and against any loss, damage, fines, liability, claim or demand including our attorney’s fees, court and litigation expenses and witness fees required to defend against same, made by any third party due to or arising out of: (1) your use of our Website or application; (2) your breach of any of the terms and conditions set forth herein; (3) your breach of any personal obligation, representation or duty imposed upon you by these terms and conditions; (4) your violation of the rights of a third party by your inappropriate, illegal or prohibited use of our Website or application including without limitation intellectual property rights, licenses, copyrighted materials, logos and trademarks; (5) any harmful, intimidating, injurious, criminal, libelous or other wrongful act which you engage toward our owners, employees, agents, contractors, clients, partners or affiliates with whom you connected directly or indirectly through our Website or application. Notwithstanding the foregoing, We reserve the right at your expense, to assume the exclusive defense and control over any proceeding, demand, claim, allegation or cause of action against which you are required to indemnify us, and you agree to cooperate at your expense, with our defense of such matters.  We will use reasonable efforts to notify you of any such demand, claim, allegation or cause of action or proceeding which is subject to this indemnification upon becoming aware of it.

CONSOLIDATION OF UNDERSTANDING: The terms and conditions contained in this document together with any policies or operating rules posted or defined by us now or in the future in our Website or applications constitute the entire agreement and understanding between you and us to the exclusion of any and all prior verbal or written representations. Our failure to exercise or enforce any right or provision of this document shall not operate as a waiver of any such right or provision.  These terms shall be applied and enforced to the fullest extent permissible by law. We may assign any or all of our rights and obligations under this document to others at any time. If any provision or part of a provision of this document is determined to be unlawful, void or unenforceable, that provision or part of that provision shall be deemed severable from the remaining terms set forth in this document and will not affect the validity and enforceability of any other remaining provisions within this document. No joint venture, partnership, employment or agency relationship is created between you and us as a result of the provisions of this document or your access to and use of our Website and applications.  You agree that the terms and provisions of this document need not be construed against us merely by virtue of our having drafted them in any circumstance or course of business interactions, arbitration or court proceedings, as applicable. All defenses that either of us may have based upon the electronic form(s) of this documentation and the lack of signing by either of us as evidence of our mutual intention to be hereby bound by these terms and conditions upon your use of and access to our Website or application are hereby irrevocably waived.

Contact: To receive further information regarding this document, resolve a complaint, suggest a modification or improvement of our Website or application or advise us of any potential, pending or actual violation of the terms and conditions set forth in this document please contact us as follows:

• Email: contact@endeavordms.com
• Mailing Address: 30021 Tomas Street, Suite 300 | Rancho Santa Margarita, CA | 92688

For submission of “Do Not Sell My Information” requests, please contact us at:

• Toll-free Phone: 866-645-6263
• Email: contact@endeavordms.com

• Visitors may only make a personal information request twice per 12-month period.
• Endeavor will need to collect information from the requesting party in order to verify their identity. 
• Endeavor will respond within 45 days of receiving a personal information request. 
• Please add “Do not Sell My Information” in the subject line for all do not sell information requests. 

California Residents:

To opt out of sale under CCPA, please submit a Do Not Sell My Personal Information opt-out request.