Endurance Unlimited Ltd and website enduranceunltd.com Disclaimer and Provisions of Use Release and Waiver
“This disclaimer governs your use of our website, enduranceunltd.com; by using our website, any of the services or information created, collected, compiled or submitted to or by enduranceunltd.com (henceforth referred to as EU), you agree to be bound by the following Terms and Conditions of Service, you accept this disclaimer in full. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of enduranceunltd.com. If you disagree with any part of this disclaimer, do not use our website. We reserve the right to modify these terms at any time. You should therefore check periodically for changes. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and enduranceunltd.com and that your use of enduranceunltd.com shall indicate your conclusive acceptance of this agreement.”
Endurance Unlimited Inc., or enduranceunltd.com website and any associated or related entities, their directors, officers, employees, agents, and representatives (hereafter referred to as “EU”) expressly disclaim any responsibility for any liability, loss, or risk, personal or otherwise, based on, attributable to, arising out of or any way related either directly or indirectly to the use and application or participation in or of any of the contents of this website. EU advises you to consult a competent professional prior to participating in any activities described in this website, posted by members on the calendar or activities that may be organized through, by or with EU. The member or any visitor bears full liability and responsibility to insure ones personal safety in participating and choosing to meet and join in any of the above activities understanding that any posted activity, location, trails may be demanding of skills that one may not be proficient at so therein it is the responsibility of the member or visitor to the website to not participate or modify an activity or participation there in to meet ones limitations insuring ones personal safety.
1. Proprietary Rights.
All materials on this site are protected by copyright and intellectual property laws and are the property of EU and specifically Endurance Unlimited Ltd. Unless stated otherwise, you may access and download the materials located on enduranceunltd.com only for personal, non-commercial use.
You acknowledge and agree that enduranceunltd.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. EU authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
2. Site Content and Participating in Any Activities Posted or Promoted on the EU Website
Visitors AND members who use this website and rely on any information do so at their own risk.
You are aware and know that participating in physical fitness events is a potentially hazardous activity. You agree not to participate unless you are medically able and properly prepared. You should not participate without a/your physician’s approval. You assume any and all risks associated with the event or activity; including but not limited to, falls, contact with other persons or objects, the effects of weather, encounters with wildlife, traffic and course conditions. As a condition of your participating, you, any accompanying minors, and anyone entitled to act on your behalf or participating with you, waive and release EU, any associated or related entities, their directors, officers, employees, agents, representatives, sponsors, volunteers, and organizers, or members posting an activity on the website calendar (herein collectively called “Event Organizers”), from present and future claims and all liabilities of any kind, known or unknown, arising out of your participation in this event or related activities, even though such claim or liability may arise out of negligence or fault on the part of the Event Organizers. You agree that the Event Organizers shall not be liable for any personal injury, death or property loss, and release the Event Organizers and waive all claims with respect thereto. In the event your membership fees are paid or you decide to be a visitor to the website, you agree to be bound by the provisions of this waiver.
You hereby acknowledge having read this Release and Waiver and you understand and accept its terms.
3. External links
We are not responsible for the contents or reliability of any other websites to which we provide a link and do not necessarily endorse the views expressed within them. EU, enduranceunltd.com, may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that EU, or enduranceunltd.com is not responsible for and does not endorse any advertising, products or resource available from such resources or websites
4. Restrictions on Who can Access and Utilize the Website
This is a members-only website and only members may access this website unless you have a visitors limited access, and as the latter you are bound by all the contents in this document by participating as a visitor to this website.
If you are under 16, for an application to become an EU member as a legal minor (or as a legal minor as defined in your jurisdiction) shall be accepted only with a parent’s or the designated Guardian’s consent and the accompanying signature should be signed by the minor.
It is mandatory this permission before taking part in any enduranceunltd.com community. Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).
The utilization of the website is expressly limited to the member who has signed up to use the website for personal purposes. If your membership is accessed by anyone but yourself this will terminate your access to the website with no refund.
5. Submitted Content: Our Right to Remove or Reproduce uploaded or posted material to this website
By sharing any contribution (including any text, photographs, graphics, video or audio) with us you agree to grant us, free of charge, permission to use the material in any way we want (including modifying or deleting it). In order that we can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any Canadian laws and that you have the right to give us permission to use it for the purposes specified above.
Further, when you submit content to enduranceunltd.com you simultaneously grant enduranceunltd.com an irrevocable, worldwide, royalty-free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to enduranceunltd.com.
6. Liability for the Actions of Users of the enduranceunltd.com website
You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. The majority of content posted in this forum is created by members of EU. The views expressed are theirs and unless specifically stated are not those of EU, nor the website enduranceunltd.com. We accept no responsibility for any loss or harm incurred.
7. Limiting Liability for Viruses, Damage, and Availability
We do not warrant that functions available on this website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes it available is free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
8. Summary Liability: What you can and can’t limit
Except for death or personal injury caused by our negligence we, EU shall not be liable for any loss or damage arising from or otherwise in connection with your use of enduranceunltd.com or any information, services or content on enduranceunltd.com. You bare complete legal responsibility and personal liability in choosing to partake in activities that may result in greater risk personally given your limitations physically or technically. Please again refer to section 2 for your liability in choosing to partake in an activity posted by a member you choose to participate in.
9. Protection of Personal information
EU is committed to respecting the personal privacy of our customers. All personal information held or collected by EU is protected.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by enduranceunltd.com, and/ or EU, to resolve any legal matter arising from this agreement or related to your use of enduranceunltd.com. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
11-a Changes to the Terms
EU, or enduranceunltd.com reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of enduranceunltd.com after any changes to Terms will signify your agreement to be bound by them.
11-b. Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
12. Entirety of Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and enduranceunltd.com. You may be subject to additional Terms and conditions when you use, purchase or access
For an application to become an EU member as a legal minor in your jurisdiction shall be accepted only with a parent's or the designated Guardian's consent and the accompanying signature should be signed by the minor.
I hereby acknowledge having read this Release and Waiver and I understand and accept its terms.