Terms and conditions
These terms and conditions (“Terms”, “Agreement”) are an agreement between Endlink, LLC (“us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of any of endlink®’s products or services (collectively, “Products” and/or “Services”).
Accounts and membership
You must be at least 18 years of age to use the Products and/or Services. By using these Products and/or Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account in the Products and/or Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Products and/or Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Products and/or Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data, information, or material (“Content”) that you submit in the Products and/or Services in the course of using the Products and/or Services. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content in the Products and/or Services submitted or created using our Products and/or Services by you. Unless specifically permitted by you, your use of the Products and/or Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing, or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display, and use the Content of your user account solely as required for the purpose of providing the Products and/or Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
We perform regular backups of the Content; however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.
Links to other products and/or services
Although the Products and/or Services may link to other products and/or services, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked products and/or services, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their products and/or services. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any products and/or services which you access through a link from the Products and/or Services. Your linking to any other off-site products and/or services is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Products and/or Services or their Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Products and/or Services or of any related products and/or services, other products and/or services, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related products and/or services, other products and/or services, or the Internet. We reserve the right to terminate your use of the Products and/or Services or any related products and/or services for violating any of the prohibited uses.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Endlink, LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Endlink, LLC. All trademarks, service marks, graphics, and logos used in connection with our Products and/or Services, are trademarks or registered trademarks of Endlink, LLC or Endlink, LLC licensors. Other trademarks, service marks, graphics, and logos used in connection with our Products and/or Services may be the trademarks of other third-parties. Your use of our Products and/or Services grants you no right or license to reproduce or otherwise use any Endlink, LLC or third-party trademarks.
Disclaimer of warranty
You agree that your use of our Products and/or Services is solely at your own risk. You agree that such Products and/or Services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Products and/or Services will meet your requirements, or that the Products and/or Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Products and/or Services or as to the accuracy or reliability of any information obtained through the Products and/or Services or that defects in the Products and/or Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Products and/or Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Products and/or Services or any transactions entered into through the Products and/or Services. No advice or information, whether oral or written, obtained by you from us or through the Products and/or Services shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Endlink, LLC, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Endlink, LLC has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Endlink, LLC and its affiliates, officers, employees, agents, suppliers, and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Endlink, LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Endlink, LLC and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Products and/or Services, or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Florida, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Florida, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Products and/or Services at any time, effective upon posting of an updated version of this Agreement in the Products and/or Services. Continued use of the Products and/or Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Products and/or Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Products and/or Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to email@example.com
This document was last updated on March 28, 2022.