This website is provided to help people pursue the careers that turn them on. Daily Endeavor welcomes you and anyone willing to join us in this pursuit. The following terms and conditions (the "Terms of Use") govern your access to and use of the Endeavor Prep website ("Site"), any services provided by Daily Endeavor, Inc. ("Daily Endeavor", "Endeavor Prep," "we," "us") through the Site ("Service") and any information, text, graphics, or other materials appearing on the Site or Service ("Content").
1. Eligibility
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
2. Acceptance of Terms
These Terms serve as an agreement between you and us, which you are accepting electronically online, and which govern your use of the Site. We use the term “you” to mean you as an individual or entity using the Site and/or Service. You agree that we may provide you with important information and terms electronically, either by email or by posting such notices online.
3. Changes
These Terms may be updated from time to time as our services change and grow. We reserve the right to change these Terms without prior notice. You can see when these Terms were last revised by referring to the "Last Updated" date at the top of this page. Any changes to these Terms will become effective upon our posting of the revised Terms on the Site. You acknowledge and agree that if you use the Site and/or Service at any time after the Terms of Use have changed, you accept the Terms as modified.
4. Registration and Password
You do not need to register or set a password to use much of this Site. If you decide to enroll in the Service, you may be required to register.
5. Privacy Policy
We respect your privacy and the privacy of others. These Terms of Use incorporate the terms of the Daily Endeavor Privacy Policy, which may be found at http://www.endeavorprep.com/privacy-policy/.
6. Copyright
We respect the copyrights of others and expect Site visitors to do the same. Unauthorized copying, modification, distribution, public display or public performance of a copyrighted work is an infringement of the copyright holder’s rights. As a condition to your use of this Site, you agree that you will not use the service to infringe the copyrights or other intellectual property rights of others.
7. Content linked to by Endeavor Prep
The inclusion of any link on the Site, Service or Content does not imply that we endorse, recommend or are affiliated with the linked organization or company, or the content, product or services on or available from the linked website. You acknowledge sole responsibility for and assume all risk arising from your access to and/or use of any such linked websites.
8. Appropriate Conduct and Prohibited Uses
As a condition to your access and/or use of the Site, Content, or Service, you agree not to (and not to allow a third party to):
1. Upload, post, email, transmit, link to, or otherwise make available any information, materials or other content that
You know to be false or misleading;
2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Service;
4. Use any manual or automated software, devices, or other processes to "crawl," "spider" or "screen scrape" any webpages contained on this Site other than solely for inclusion of links to EndeavorPrep.com in a web search service such as Google, Yahoo or MSN Search, whose primary service is to provide its users with links to relevant websites in response to search queries;
5. Create any user account by automated means or under false pretenses;
6. Reverse engineer, decompile or disassemble any of the software used to provide this Site, Content or Service, other than software released under an Open Source software license;
7. Interfere with or disrupt this Site, Content or Service, or any servers or networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected thereto;
8. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
9. Post any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking" or "cracking."
10. Use the Site, Content or Service to violate the security of any other computer network or attempt to access passwords or other security information under unauthorized, false or fraudulent pretenses;
11. Obtain, collect, store or modify other people’s User Information;
12. Use the Site to advertise or offer to sell or buy any goods or services, without Daily Endeavor's express prior written consent.
13. Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
14. Frame or mirror any part of the Site without Daily Endeavor’s express prior written consent.
15. Create a database by systematically downloading and storing Site content.
16. Take any other action that imposes, based on our sole discretion, an unreasonable load on our IT infrastructure.
9. Enforcement of Terms
We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to pre-screen or monitor your access to and/or use of the Site, Content or Service, but have the right to do so for the purpose of operating this Site, Content or Service, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other government body. You hereby agree that we may, in the exercise of our sole discretion, remove or delete any Content (or portions thereof) that violates these Terms of Use, that may cause liability to Daily Endeavor or its affiliates, licensors or partners, or that is otherwise deemed objectionable by Daily Endeavor.
10. Forums
We and/or our third-party service provider(s) may make available through the Site services (for example, message boards, chat functionality and comment features on blogs, among other things) to which you are able to post information and materials (each, a “Forum”). PLEASE BE AWARE THAT SUCH FORUMS MAY BE PROVIDED BY A THIRD PARTY, AND MAY BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTY, AS WELL AS THIS AGREEMENT. PLEASE REVIEW SECTIONS 11, 12 AND 13 BELOW FOR PARTICULAR TERMS THAT ARE APPLICABLE TO YOUR USE OF THE FORUMS.
11. Information on the Site
Information made available on the Site or through a Forum may be provided both by Daily Endeavor and by third-party visitors to the Site. Please note that Site visitors may post material or make statements on the Site or through a Forum that are inaccurate, misleading or deceptive. Daily Endeavor neither endorses nor is responsible for any opinion, advice, information, material or statements provided on the Site or through a Forum by third parties, and Daily Endeavor is not responsible for any information or materials made available through the Site or through a Forum or results obtained by using any such information or materials. Under no circumstances will Daily Endeavor or its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or members, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed on the Site or through a Forum reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Daily Endeavor.
In addition, Daily Endeavor has no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information that you voluntarily make public through any part of the Site or through a Forum . IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE OR THROUGH A FORUM , YOU DO SO AT YOUR OWN RISK.
12. License
For purposes of clarity, you retain ownership of any materials you submit through the Site or through a Forum (each, a “Submission”). However, please note that we need certain rights to your Submissions to be able to make them available on the Site. As such, you grant to Daily Endeavor and its designees a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for Daily Endeavor's business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law.
As noted above, we need this license to provide the Services available through the Site. For example, without the right to “adapt,” we would be unable to make technical changes to the Submissions so that the Submissions meet our technical criteria, without the right to reproduce, we would be unable to make copies of Submissions on our servers to post the Submissions, and without the right to publicly perform, we would be unable to make any video clips you post available to other users. This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your Submissions), sublicenseable through multiple tiers (so that we can use our subcontractors to provide Services).
For each Submission, you represent and warrant that (i) you have all rights necessary for you to grant the licenses granted herein, (ii) you have the written consent of each identifiable natural person in any Submission to use such person's name and likeness in the manner contemplated by these Terms of Use and the Service, (iii) your Submission and our use thereof as contemplated by these Terms of Use and the Service will not infringe any rights of any third party, including any intellectual property rights, privacy rights and rights of publicity, and (iv) that such Submission, and your provision thereof to and through the Site, complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
13. Monitoring
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission before allowing it to be posted on the Site or any Forum; and (b) we may do one or all of the following, at our sole discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Daily Endeavor and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose. While we reserve the right at our discretion to remove any Submissions from time to time, we do not assume any obligation to do so and disclaim any liability for failing to take any such action.
14. Proprietary Rights
Daily Endeavor, its licensors, and its content providers (including users who contribute to the site) own all right, title and interest in and to the Content created on this Site and Service. This Site and Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in the Terms of Use, you may not reproduce, modify or prepare derivative works based on, distribute, sell, transfer, rent, lease, loan, publicly display, publicly perform, transmit, or otherwise use this Site or the Service, or any portion thereof.
15. Termination
We reserve the right to modify or terminate the Site and the Service or any user account, or change or remove any Content at any time and for any or no reason, without notice and with no liability to you.
16. Trademarks
Endeavor Prep, the Endeavor Prep logo and all other Daily Endeavor trademarks, service marks, product names, and trade names of Daily Endeavor appearing on or in conjunction with the Site or Service are owned by Daily Endeavor. All other trademarks, service marks, product names, and logos appearing on this Site are the property of their respective owners. Daily Endeavor does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on this Site without the owner’s prior written consent.
17. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Daily Endeavor a notice requesting that Daily Endeavor remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Daily Endeavor a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be mailed to Daily Endeavor's designated copyright agent at: Daily Endeavor, Attn: Designated Copyright Agent, 632 Broadway, 7th Floor, New York, NY 10012, Fax: (917) 591-2305, Email: support@endeavorprep.com, Telephone: (917) 639-5509. We suggest that you consult your legal advisor before filing a notice or counter-notice.
18. Filtering
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Daily Endeavor does not endorse any of the products or services listed at such sites.
19. Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to support@endeavorprep.com. You may also contact us by writing to 632 Broadway, 7th Floor, New York, NY 10012, or by calling us at +1 917-639-5509. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Relationship of the Parties
You and Daily Endeavor are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.
21. Disclaimer of Warranties
THIS SITE, CONTENT, AND SERVICE ARE PROVIDED "AS IS." DAILY ENDEAVOR MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, CONTENT, AND SERVICE OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, MATERIALS OR CONTENT DOWNLOADED, LINKED TO, OR OTHERWISE OBTAINED THROUGH THIS SITE, CONTENT, AND SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAILY ENDEAVOR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DAILY ENDEAVOR MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. YOU AGREE THAT YOUR ACCESS TO AND/OR USE OF THE SITE, CONTENT, AND SERVICE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY INFORMATION, MATERIALS OR CONTENT DOWNLOADED, LINKED TO, OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE, CONTENT, AND SERVICE.
22. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DAILY ENDEAVOR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT OR SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO AND/OR USE OF, OR INABILITY TO ACCESS AND/OR USE, THE SITE, CONTENT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DAILY ENDEAVOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT DAILY ENDEAVOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY OF THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL DAILY ENDEAVOR'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). FURTHER, DAILY ENDEAVOR WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM OR LINKED TO THROUGH THE SITE OR THROUGH THE SERVICE. IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THESE TERMS OF USE, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE.
THE LIMITATIONS OF LIABILITY AND SOLE REMEDY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DAILY ENDEAVOR AND YOU.
23. Indemnity
You agree to defend, indemnify, and hold harmless Daily Endeavor, its officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable legal and accounting fees, arising out of or in any way connected with your access to and/or use of the Site, Content, or Service, or your violation of these Terms of Use, or the Endeavor Prep Privacy Policy.
24. Severability
In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.
25. Waiver
The failure of Daily Endeavor to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.
26. Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law rules or principles. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be that of state and federal courts located in New York, New York, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
27. Entire Agreement
These Terms of Use and the policies referenced herein are the entire and exclusive agreement between Daily Endeavor and you regarding the Site, Content, and Service.
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