Endurance grants you a non-exclusive, non-transferable, non-sublicensable, limited license to download, install and use the App. Your license to use the App does not include any resale or commercial rights to use the App or its contents, whether such contents are provided by Endurance or contributed by other users. Any attempt to use the App other than as permitted herein shall terminate this license immediately.
Except for User Content (as defined below), all content available through the App, including without limitation, designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the App (collectively, “Endurance Content”), are the proprietary property of Endurance or its licensors. No Endurance Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Endurance Content. Any use of the Endurance Content other than as specifically authorized herein is prohibited and will automatically terminate your right to use the App and the Endurance Content granted herein. All rights of Endurance or its licensors that are not expressly granted in this Agreement are reserved by Endurance and its licensors.
User Representations. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the App (collectively, “User Content”). You are solely responsible for any and all User Content that you submit. By posting or distributing User Content on or through the App, you represent and warrant to Endurance that (i) you have all necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Corrective Action. You agree that Endurance may, but is not obligated to, monitor User Content and may immediately without notice take any corrective action in Endurance’s sole discretion, including without limitation removal of all or a portion of the User Content, and the termination of your right to use the App. You hereby agree that Endurance shall have no liability due to any corrective action that Endurance may take, including without limitation the termination of your right to use the App.
License Granted. You hereby grant to Endurance a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute your User Content on any Endurance website and (ii) make archival or back-up copies of the User Content. By submitting User Content, you agree that Endurance may publish the name or username that you provide in connection with such User Content. Except for the rights expressly granted above, Endurance is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with you.
User Feedback. You agree that Endurance may anonymously use your feedback, ideas, testimonials, opinions, suggestions, or any other material and content in any way, including in future modifications of the App, other products or services, and advertising or marketing materials without compensation.
Compliance with Applicable Law. You will comply with all applicable laws, rules and regulations in connection with your use of the App and any User Content you submit, including without limitation, compliance with data privacy laws, applicable export control laws and other regulations of the United States. You will be responsible for all activities conducted under your username.
Prohibited Uses. You will not use the App in any manner, as determined in Endurance’s sole discretion, that:
Engages in or promotes any illegal or fraudulent activity;
Engages in or promotes behavior that is profane, defamatory, harassing, abusive or otherwise disruptive;
Infringes the intellectual property rights or other proprietary rights of any third party;
Violates the privacy rights or publicity rights of any third party;
Interferes with the operation of the App; or
Violates the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein.
Endurance may immediately terminate your right to use the App without notice in the event that: (i) you violate the terms and conditions of this Agreement; (ii) your conduct may harm Endurance or other users of the App or cause Endurance or others to incur liability (as determined by Endurance in its sole discretion); or (iii) as otherwise specified in this Agreement.
The App may contain links to other websites that are not owned or controlled by Endurance ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the App or any Third Party Content posted on or made available through the App, including without limitation the content, accuracy, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Sites to which you navigate.
Endurance reserves the right to modify, change or discontinue any aspect of the App, or the App itself, at any time without notice.
Endurance reserves the right to manage the User Content on the App to ensure the orderly distribution of information and may review and modify any User Content before it is made available on the App. Any such modifications are not intended to change the substance of any User Content. Endurance is not required to make all User Content available through the App and reserves the right to reject any User Content in its sole discretion.
The content available on the App is intended for informational purposes only and not for the purpose of providing legal or business advice. Endurance does not warrant that the App is secure, free from bugs, viruses, errors, or that your use of the App will be uninterrupted. You acknowledge and agree that any use of the App, including your use of or reliance on any information or content obtained from the App, is at your own risk. The App is provided on an “as is” basis without warranty of any kind. Endurance does not warrant or guarantee the accuracy, reliability, completeness, or non-infringement of any content on the App, regardless of the source of such content. Endurance is not liable or responsible in any way for any content posted on or linked to from the App, including without limitation, any errors or omissions in content, or for any losses or damages incurred as a result of your use or reliance on any content in the App.
The App is only permitted to be used in compliance with all applicable U.S. export and re-export control laws administered by the U.S. Department of Commerce. You agree that you will not use the App in violation of any such laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Endurance, its affiliates, and their respective officers, directors, employees and agents (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the App, (ii) any breach or violation by you of this Agreement, or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.
IN NO EVENT WILL ENDURANCE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA OR LOSS OF BUSINESS REPUTATION ARISING FROM YOUR USE OF THE APP OR OTHER CONTENT ACCESSED OR DOWNLOADED THROUGH THE APP, EVEN IF ENDURANCE IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ENDURANCE’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO TEN DOLLARS ($10.00). THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of this Agreement. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in Boston, Massachusetts. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Endurance will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Endurance in violation of this paragraph, you agree to pay Endurance’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
Any controversy or claim arising out of or relating to this Agreement or your use of the App, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts, regardless of your location, without regard to its conflicts of law provisions.
The headings herein are for convenience only and are not part of this Agreement.
This Agreement (including, for clarity, the documents incorporated by reference), supersedes all prior discussions, negotiations and agreements between the parties with respect to the App, and this Agreement constitutes the sole and entire agreement between the parties with respect to the App.
If any provision or portion of any provision of this Agreement is determined to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) shall remain in full force and effect.
Endurance’s failure to exercise any right or remedy under this Agreement shall not operate as a waiver of such right or remedy. Endurance’s express waiver or assent to your breach of or default in any term or condition of this Agreement shall not constitute a waiver of or an assent to any future breach of or default in the same or any other term or condition.
You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without Endurance’s prior written consent. Any attempted assignment in violation of this provision shall be null and void and of no force or effect whatsoever. Endurance may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of User, Endurance, and their respective successors and permitted assigns.