Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States and
other copyright laws, and is the property of Endeavor, Inc.. The collective work
includes works that are licensed to Endeavor, Inc.. Copyright 2002, Endeavor,
Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print
hard copy portions of this site for the sole purpose of placing an order with
Endeavor, Inc. or licensing Endeavor, Inc. products. You may display and,
subject to any expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the different areas of
the site solely for your own non-commercial use, or to place an order with
Endeavor, Inc. or license Endeavor, Inc. products. Any other use,
including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized by Endeavor, Inc.. You understand and agree that our software
and content is licensed and not sold. You further agree not to change or delete
any proprietary notices from materials downloaded from the site or our products.
Trademarks
All trademarks, service marks and trade names of Endeavor, Inc. used in the site
are trademarks or registered trademarks of Endeavor, Inc.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and
without warranties of any kind, whether express or implied. To the fullest
extent permissible pursuant to applicable law, Endeavor, Inc. disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
non-infringement. Endeavor, Inc. does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Endeavor, Inc. does
not make any warrantees or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Endeavor, Inc. shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this site or
the performance of the products, even if Endeavor, Inc. has been advised of the
possibility of such damages. Applicable law may not allow the limitation of
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Endeavor, Inc. product is mistakenly listed at an incorrect
price, Endeavor, Inc. reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. Endeavor, Inc. reserves the right to
refuse or cancel any such orders whether or not the order has been confirmed and
your credit card charged. If your credit card has already been charged for the
purchase and your order is cancelled, Endeavor, Inc. shall issue a credit to
your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Endeavor, Inc. without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Endeavor, Inc. may deliver notice to you by means of e-mail, a general notice on
the site, or by other reliable method to the address you have provided to
Endeavor, Inc..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of Colorado, U.S.A., without regard to choice of law provisions, and not by the
1980 U.N. Convention on contracts for the international sale of goods. You agree
that jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this site (including but not limited to the
purchase of Endeavor, Inc. products) shall be in the state or federal courts
located in Eagle County, Colorado. Any cause of action or claim you may have
with respect to the site (including but not limited to the purchase or license
of Endeavor, Inc. products) must be commenced within one (1) year after the
claim or cause of action arises. Endeavor, Inc.'s failure to insist upon or
enforce strict performance of any provision of these terms and conditions shall
not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any of these
terms and conditions. Endeavor, Inc. may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Endeavor, Inc. or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, 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 liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Endeavor, Inc. does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Endeavor, Inc. is merely acting as a passive
conduit for such distribution and is not undertaking any obligation or liability
relating to any contents or activities on the site. However, Endeavor, Inc.
reserves the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive,
or misleading, (c) in violation of a copyright, trademark or; other intellectual
property right of another or (d) offensive or otherwise unacceptable to
Endeavor, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Endeavor, Inc., its officers,
directors, employees, agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these terms and
conditions or any activity related to your account (including negligent or
wrongful conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Endeavor, Inc. may
link to sites operated by third parties. However, even if the third party is
affiliated with Endeavor, Inc., Endeavor, Inc. has no control over these linked
sites, all of which have separate privacy and data collection practices,
independent of Endeavor, Inc.. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, Endeavor, Inc.
seeks to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it links
to as well (including if a specific link does not work)