This Statement of Rights and Responsibilities ["Statement (SRR) or " "Terms,"] is based on the ENDURO USA™ Mission, and is our terms of service that governs our relationship with users and others who interact with ENDURO USA™. By using or accessing ENDURO USA™, you agree to this Statement, as updated from time to time.
ENDURO USA™ is available to provide individuals with a fun and simple way to communicate with other individuals to help foster an atmosphere among the citizenry of the United States that can best be described by the ENDURO USA™ slogan: Always Moving Forward guided by Reality and Respect™
Your privacy is very important to us. We will not share your personal data other than with sponsors/advertisers who meet our standards and privacy terms, and only for the purpose of assisting sponsors/advertisers in providing information to you that you could potentially benefit from or otherwise enjoy.
You own all of the content and information you post on ENDURO USA™, and you can control how it is shared through your account's privacy settings. In addition:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or in connection with ENDURO USA™. This License ends when you delete your content or your account unless your content has been shared with others, and they have not deleted it.
When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of ENDURO USA™, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about ENDURO USA™, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
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 SMS Terms and Privacy Policy is available on our website at https://runendurousa.com/sms-terms-and-privacy-policy
We do our best to keep ENDURO USA™ safe, but we cannot guarantee it. We need your help to keep ENDURO USA™ safe, which includes the following commitments by you:
ENDURO USA™ users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: You will not provide any false personal information on ENDURO USA™, or create an account for anyone other than yourself without permission.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
You will not use ENDURO USA™ if you are under 15.
You will not use ENDURO USA™ if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on ENDURO USA™ that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on ENDURO USA™ if we believe that it violates this Statement or our policies.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including ENDURO USA™, the ENDURO Group, LLC, Youth ENDURO Sports, Inc., YES-Athletics™, ENDURO™, "Always Moving Forward guided by Reality and Respect"), or any confusingly similar marks, except as expressly permitted with our prior written permission.
If you collect information from users, you will: obtain their consent, make it clear you (not ENDURO USA™) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not post anyone's identification documents or sensitive financial information on ENDURO USA™.
You will not send "Draft Notices" (invitations) to non-users without their consent.
Please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you will update your account information on ENDURO USA™ within 48 hours to ensure that your messages are not sent to the person who acquires your old number. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on ENDURO USA™.
Special Provisions Applicable to Social Plugins (when/if they become available) If you include our Social Plugins on your website, the following additional terms apply to you: We give you permission to use ENDURO USA™ Social Plugins so that users can post links or content from your website on ENDURO USA™.
You give us permission to use and allow others to use such links and content on ENDURO USA™. You will not place a Social Plugin on any page containing content that would violate this Statement if posted on ENDURO USA™.
If you are a developer or operator of a website, the following additional terms apply to you if you provide a link to "runendurousa" from your site(s):
You are responsible for your website and its content.
This includes ensuring your website and the use of your site in no way, either directly or indirectly violates any provisions of this document or causes harm to ENDURO USA™ account holders.
Your access to and use of data you receive from ENDURO USA™, will be limited as follows:
You will comply with all applicable laws. In particular you will (if applicable):
have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act; comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on ENDURO USA™; represent that any disclosure to us will not be incidental to the ordinary course of your business.
We can analyze your website, content, and data for any purpose, including commercial (such as for targeting the delivery of ads and indexing content for search). To ensure your website is safe for users, we may audit it. We can create websites that offer similar features and services to, or otherwise compete with, your website(s).
About Advertisements and Other Commercial Content Served or Enhanced by ENDURO USA™ Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following: You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. We do not give your content or information to advertisers without your consent. You understand that we may not always identify paid services and communications as such.
If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission. Amendments
Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven days notice and an opportunity to comment on changes to these terms.Your continued use of ENDURO USA™ following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of these terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of ENDURO USA™ to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. However, in doing so, all of the relevant parts of these terms will survive and continue to apply to you as an individual and to your account.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or ENDURO USA™ exclusively in the U.S. District Court for the Western District of Oklahoma or a state court located in Cleveland County (Oklahoma), and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Oklahoma will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on ENDURO USA™, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on ENDURO USA™ and are not responsible for the content or information users transmit or share on ENDURO USA™. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on ENDURO USA™. We are not responsible for the conduct, whether online or offline, or any user of ENDURO USA™.
We try to keep ENDURO USA™ available, bug-free, and safe. But you use it at your own risk. We're providing ENDURO USA™ as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that ENDURO USA™ will always be safe, secure or error-free or that ENDURO USA™ will always function without disruptions, delays or imperfections. ENDURO USA™ is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a California resident, you waive California Civil Code §1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement of ENDURO USA™ , even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or ENDURO USA™ will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, ENDURO USA™ liability will be limited to the fullest extent permitted by applicable law.
We strive to create a community within the United States with consistent standards for everyone. But, we also strive to respect local laws. The following provisions apply to users and non-users who interact with ENDURO USA™ outside the United States:
You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on ENDURO USA™ (such as advertising or payments) or operate a Platform application or website. You will not use ENDURO USA™ if you are prohibited from receiving products, services, or software originating from the United States.
By " ENDURO USA™" we mean the features and services we make available, including through (a) our website at www.runendurousa.com and any other ENDURO USA™ branded or co-branded websites (including sub- domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins; and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and ENDURO USA™ (the ENDURO Group, LLC dba ENDURO USA". This Statement makes up the entire agreement between the parties regarding ENDURO USA™, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing ENDURO USA™.