b. Electronic Communications. When you use the Site or send e-mails and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically such as e-mails, push-notices or messages on the Site. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirement that such communications be in writing.
d. Copyrights & Trademarks. The material included herein, including Site design, text, graphics and the selection and arrangement thereof are copyrighted © by Endurance House International, LLC (“EHI”) ALL RIGHTS RESERVED. [List trademarks] and other trademarks and all page headers, custom graphics and custom icons are service marks and trademarks of EHI. All other trademarks, product names and company names or logos citied herein are the property of their respective owners. We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [insert email address]
e. Your Account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. If you are under 18, you may use the Site only with involvement of a parent or guardian. By ordering an age restricted item, you certify that you satisfy the age restrictions. We reserve the right to refuse services, terminate accounts or cancel orders in our sole discretion. We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
f. Risk of Loss. All items purchased from the Site are made pursuant to a shipment contract. Therefore, the risk of loss and title pass to you upon delivery to our carrier.
g. Indemnity. By using the Site, you agree to indemnify us for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys’ fees) incurred by us arising out of or relating to your breach or alleged breach of these Terms and Conditions. You agree to cooperate as fully reasonably required in the defense of any claim.
h. Product Descriptions
i. Price and availability of products on the Site are subject to change without notice;
ii. Receipt of an email order confirmation is a recognition that order was received but is not an offer to sell. We reserve the right to limit the quantity of any item sold or prohibit a sale altogether.
i. Pricing and Product Policy. We cannot confirm the price of an item until you order. Despite our best efforts, a small number of items on our Site may be mispriced. We generally do not charge your credit card until after your order has entered the shipping process. We attempt to display all products shown on the Site in an accurate manner; however, because of technical difficulties in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products. We may offer promotional codes that are limited in nature and/or may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
j. Conduct of Users. You agree that you will not (i) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that Endurancehouse.com considers unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus,” “Trojan horse” or other software destruction or disruption device; (iii) violate any applicable local, state, national or international law while you are using or accessing the Site or in connection with the use of the Site; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
k. Disclaimer of Warranties/Limitation of Liability. WE PROVIDE THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SITE AND THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS ON THE SITE UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF ANY KIND. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, PRODUCTS PURCHASED FROM THE SITE OR FROM ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK.
l. Disputes/Arbitration. EHI and you agree to resolve any dispute, claim, controversy, arising out of or relating to your use of and/or access of www.shop.endurancehouse.com and any other site owned or maintained by us (collectively “our Sites”) or regarding these Terms and Conditions in an individual capacity. Similarly, EHI and you agree to resolve any dispute, claim, controversy regarding the products, services, technology, and content on or through our Sites in an individual capacity. EHI and you agree to resolve all disputes on an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. EHI and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party. If any clause within this “Disputes” section is found to be illegal and/or unenforceable for any reason, that specific clause will be severed from this section, and the remainder of its provisions shall be given full force and effect.
m. Applicable Law. By using the Site, you agree that the Federal Arbitration Act, applicable federal law and the laws of the State of Wisconsin, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and EHI.
o. Severability. If any of these conditions shall be deemed invalid, void or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.