SMS Text Messaging Terms & Privacy Policy

Please read these SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing and marketing text messages from ENDURO USA, including text messages made with an Auto dialer, at the mobile phone number(s) you provide. You may opt-out of these communications at any time by replying STOP to any text message from ENDURO USA or by otherwise contacting the ENDURO USA as indicated below. You can receive help at any time by replying HELP to any text message from the ENDURO USA or by otherwise contacting ENDURO USA as indicated below. Consent to receive non-marketing or marketing text messages is not required to purchase any products or services from the ENDURO USA. Messaging and data rates may apply. By completing the SMS text Messaging Opt-In Form, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of ENDURO USA services.

Program Description

ENDURO USA offers its text messaging program whereby ENDURO USA, and any applicable service providers, will text message you to provide you with information concerning your account activity with ENDURO USA and other ENDURO USA products, services, and promotions (all of the foregoing the "ENDURO USA Program"). ENDURO USA and its service providers may, from time to time, use standard or an automatic telephone dialing system ("Auto dialer") to deliver text messages to you under the ENDURO USA Program. You agree that you will not use the ENDURO USA Program for any illegal or unlawful purposes. No coverage may be bound or amended via text message or the ENDURO USA Program.

Message frequency varies. Message and data rates may apply. You can receive help at anytime by replying HELP to any message from our SMS campaign. Likewise, you can reply STOP to cancel all future SMS notifications. Carriers are not liable for any delays or undelivered messages.

Message Frequency Disclosure

Under the ENDURO USA Program, the number of ENDURO USA text messages that you receive may vary depending upon your account activity and your communication with ENDURO USA.

Pricing Disclosure

ENDURO USA does not impose a separate fee for sending ENDURO USA text messages under the ENDURO USA Program. However, standard message and data rates may apply to each text message sent or received in connection with the ENDURO USA Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.

Supported Carriers And Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages

The ENDURO USA Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The ENDURO USA Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the ENDURO USA Program are available on all equipment/mobile devices, or through all wireless carriers. ENDURO USA may, from time to time, in its discretion and without notice to you, limit the carriers that support the ENDURO USA Program. Certain other carriers may not support the ENDURO USA Program. Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The ENDURO USA Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of ENDURO USA's control, and ENDURO USA is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person's equipment/wireless device relating to or resulting from participating in or using the ENDURO USA Program. If the ENDURO USA Program is not available within your intended location, you agree that your sole remedy is to cease using the ENDURO USA Program.

How to Opt-In

To opt-in to receive text messages from ENDURO USA under the ENDURO USA Program, complete the SMS/Text Messaging Opt-In Form during sign up and submit it to ENDURO USA. ENDURO USA will then send you a text message asking you to confirm your enrollment in the ENDURO USA Program.

How to Opt-Out

Opt IN or OUT of future messages (at any time) by logging into your ENDURO USA™ account. To opt IN / OUT, login and click on your name (at the top of the window) - then click on "Edit My Account" - then change the setting in your "Profile". Likewise, you can text STOP to the ten-digit long code from which the text messages are being sent to stop all text messages from the program.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder's permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to date information with ENDURO USA regarding your use of the ENDURO USA Program, including, without limitation, notifying ENDURO USA in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify ENDURO USA in full for all claims, expenses, damages, and costs, including reasonable attorneys' fees, related to or caused in whole or in part by your failure to notify ENDURO USA if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.

Privacy Policy on Mobile Phones

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

The ENDURO USA's Privacy Policy is available on our website at https://runendurousa.com/terms-and-privacy-policy

Support/Help

To request more information, text HELP to the ten-digit long code from which the text messages are being sent. You may also receive assistance by providing written notice to ENDURO USA at PO Box 6006, Moore, Oklahoma, 73153 or by emailing ENDURO USA at [email protected]

Eligibility

To receive ENDURO USA text messages or enroll in the ENDURO USA Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the ENDURO USA Program, and authorized to incur any mobile message or data charges incurred by participating. ENDURO USA reserves the right to require you to prove the foregoing to participate in the ENDURO USA Program.

Changes to this SMS/Text Messaging Terms & Conditions

ENDURO USA may revise, modify, or amend these ENDURO USA SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to ENDURO USA website. You agree to review these ENDURO USA SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive ENDURO USA text messages will indicate your acceptance of those changes.

Amendment; Termination of Text Messaging

ENDURO USA may suspend or terminate your receipt of ENDURO USA text messages if ENDURO USA believes you are in breach of these ENDURO USA SMS/Text Messaging Terms & Conditions. Your receipt of ENDURO USA text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. ENDURO USA reserves the right to modify or discontinue, temporarily or permanently, all or any part of ENDURO USA text messages and the ENDURO USA Program, for any reason, with or without notice to you.

Release: No Warranties; Limitation of Liability

By participating in the ENDURO USA Program, you agree to release and hold harmless ENDURO USA and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys' fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the ENDURO USA, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.

THE ENDURO USA PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. ENDURO USA DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.

In no event shall ENDURO USA be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the ENDURO USA Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney's fees or any damages arising out of or resulting from a statutory or

regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party's maximum recovery for any losses or damages whatsoever arising out of or resulting from the ENDURO USA Program, or your use thereof, regardless of the theory of recovery, is $10.00.