Copyright Notice and Use of the Site. The contents of the Site are protected by the copyright and other laws of the United States, its treaty countries and other jurisdictions. Except as may otherwise be provided in a written Agreement you have with Endura Technologies LLC, you may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this site. You may download content from this site solely for your personal, non-commercial use (except as may otherwise be provided in a written agreement you have with Endura Technologies LLC), provided you keep intact all copyright and other proprietary notices. Any copies of the content must include Endura Technologies LLC's copyright notice: © Copyright 2014 Endura Technologies LLC. All rights reserved.
Nothing in these materials is an offer to sell any of the components or devices referenced herein. Certain components for use in the U.S. are available only through licensed suppliers. Some components may not be available for use in the U.S.
Endura Technologies LLC makes no representations whatsoever about any third party web site which you may access through the website. When you access a third party web site, you agree that it is independent from Endura Technologies LLC, and that Endura Technologies LLC has no control over any content on that web site. In addition, a link to a third party web site does not mean that Endura Technologies LLC accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.
Additional Terms for Forums, Blogs, and Other Social Media. Our Site may provide one or more forums, blogs, or other interactive or social media features ("Forums") for visitors to our Site to exchange information with each other and with Endura Technologies LLC about Endura Technologies LLC products and services (the "Purpose"). If you use the Forums, in addition to any other terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to the following:
If you post any messages, uploading files, inputting data, or engage in any other form of communication through the Forums (a "Posting"), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (d) any Postings you make to the Site do not infringe any third party copyright, trade marks, any other intellectual property rights or any applicable law and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of this TOU or your use of the Forums. For the purposes of this section, references to "your use" of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer. You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums.
When using the Forums and viewing Postings, you need to be aware of the following issues:
To the fullest extent permissible pursuant to applicable law, Endura Technologies LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement and any other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Endura Technologies LLC does not warrant that the Site or functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site, or the server that makes it available, are free of viruses or other harmful components. Endura Technologies LLC does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of correctness, accuracy, timeliness, reliability, or otherwise. You (and not Endura Technologies LLC or its licensors) assume the entire cost of all necessary maintenance, repair, or correction.
Limitation of liability. Under no circumstances, including, but not limited to, negligence, shall Endura Technologies LLC, its subsidiaries and parent companies and affiliates be liable for any direct, indirect, incidental, special or consequential damages that arise or result from or are related to the use of, or the inability to use, the Site or any of the Postings made available on or through the Site. Under no circumstances shall Endura Technologies LLC 's aggregate liability exceed $5.00. You specifically acknowledge and agree that Endura Technologies LLC, its subsidiaries and parent companies and affiliates are not liable for any defamatory, offensive or illegal conduct of any user of the Site or any posting to the Site. If you are dissatisfied with the Site or any materials made available by or through the Site, or with this TOU, your sole and exclusive remedy is to discontinue using the Site.
Notices of copyright infringement. Notifications of claimed copyright infringement should be sent to Endura Technologies LLC 's Designated Agent in writing at the following address:
To be effective, the Notification must include the following:
Within a commercially reasonable time after receipt of the written Notification containing the information as outlined in 1 through 6 above Endura Technologies LLC shall remove or disable access to the material that is alleged to be infringing and forward the written notification to the alleged infringer and take reasonable steps to promptly notify the alleged infringer that Endura Technologies LLC has removed or disabled access to the allegedly infringing material.
Counter Notification: To be effective, a Counter Notification must be a written communication provided to Endura Technologies LLC 's Designated Agent at the above provided address that includes substantially the following:
After receipt of a Counter Notification containing the information as outlined in 1 through 4 above, Endura Technologies LLC shall provide the Complaining Party with a copy of the Counter Notification within a commercially reasonable time and inform the copyright owner or designated agent that Endura Technologies LLC will replace the removed material or cease disabling access to it within ten (10) business days. If Endura Technologies LLC 's designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, Endura Technologies LLC shall restore the allegedly infringing material.
EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that may apply to the software or other materials obtained from this Site.
Trademarks. Endura Technologies LLC is a registered trademark of Endura Technologies LLC. Certain other product names, brand names and company names mentioned in this site may be trademarks of their respective owners.
Modification & Termination. This TOU is effective until modified or terminated by Endura Technologies LLC. Endura Technologies LLC may modify this TOU from time to time and the new TOU will be effective when posted. Endura Technologies LLC may also terminate this TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities, and export restrictions set forth in this agreement, shall survive.
General. This TOU shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of this TOU shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Effective: June 11, 2014