Endless Solutions Inc – Susan R. Davis

Endless Solutions Inc.

1. Definitions

“Content” hereby refers to any and all products, services, materials, reports, emails, and any other written, audio, or video content provided by Endless Solutions Inc. / Susan R. Davis Blog.

“Website” refers to the website, all webpages, and all Content on Endless Solutions Inc. / Susan R. Davis Blog and accessed through the Susan-R-Davis.com domain name.

“Visitor” refers to any users of the website. “Registered Users” refers to all Visitors who have voluntarily provided Personal Information (see the Privacy Policy for more information) to Endless Solutions Inc. / Susan R. Davis Blog for use by the website and Endless Solutions Inc.

2. Binding Documents and Agreement

This is a binding agreement. By using and/or visiting this website (collectively, including all content available through the Susan-R-Davis.com domain name, the “Website”), you (“Visitor,” “Registered User,” “You,” OR “Your”) signify your assent to the Terms of Use, the Website’s Privacy Policy, the Earnings Disclaimer, this Agreement, and the goods/services you obtain from the utilization of the Website’s services and which are incorporated herein by reference. It is your responsibility to review the Terms of Use periodically. If at any time you find the TOU and incorporated agreements unacceptable, you must immediately leave the Website and cease all use of the Content and the Website. You agree that by using the services you represent that you are at least 18 years old and that you are legally able to enter into this Agreement.

3. Description of Content

Through its website and Protected Content, Endless Solutions Inc. provides Visitor with access to a variety of resources, including download areas, software, Communication Methods (see the Privacy Policy for more information), services, reports, emails, audio, video, and other product information (collectively “Content”). Protected Content is all materials or other intellectual property rights, or which may be construed as proprietary information including, but not limited to, any and all technical and non-technical information that is valuable to Endless Solutions Inc., such as subscription programs, audio/visual programs, coaching programs, tele-seminars, tele-coaching, flip charts, audio/video products, books, training routines, training processes, course material, literature, pamphlets, processes, procedures, patents, trademarks, service marks, products, copyrights, trade secrets, techniques, sketches, drawings, models, invention, know-how and equipment related to current and contemplated products and services, inventions, manufacturing, purchasing, accounting, engineering, marketing, merchandising and sales, to the extent necessary and as may be reasonably required during the relationship will be considered Protected Content. The Services, including any updates, enhancements, new features, and/or the addition of any new Protected Content, are subject to the Terms of Use, the Privacy Policy, the Earnings Disclaimer, and the domain licenses. Protected Content is © Endless Solutions Inc.. All rights reserved.

4. Equipment

Visitor shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Endless Solutions Inc. / Susan R. Davis Blog and all charges related thereto.

5. Indemnification

You agree to indemnify, defend and hold harmless Endless Solutions Inc., its officers, directors, employees, agents, affiliates, licensors, suppliers and any third party information providers to the Website and Content from and against all losses, claims, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation or alleged violation of this Agreement (including negligent or wrongful conduct) or arising out of use or failure to use Endless Solutions Inc. / Susan R. Davis Blog by you or any other person accessing the Website.

6. Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Images, unless specifically noted otherwise, are used for illustrative purposes only and any person depicted in these images, if any, is a model. Any rights to site material not expressly granted herein are reserved.

7. No License

Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, logos and the like owned by Endless Solutions Inc. or by any third party.

8. Notices

Any notices to Endless Solutions Inc. shall be given by email to info @ Susan-R-Davis.com or by certified mail, return receipt requested to COMPANY NAME, address 14137 NE 37th Circle, Vancouver, WA 98682. Any notice to Visitors or Registered Users shall be sent by email to the email address provided by the Visitor or Registered User. Email notices to a Visitor or Registered User shall be deemed delivered twenty-four (24) hours from the time the email is sent. Notices to Endless Solutions Inc. shall be deed delivered five (5) calendar days after sent by certified mail.

9. Third Party Rights

The provisions of the Terms of Use and Section 5 (Indemnification) are for the benefit of Endless Solutions Inc. / Endless Solutions Inc. / Susan R. Davis Blog and its officers, directors, employees, agents, affiliates, licensors, suppliers, and any third party information providers to the Website or Content. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

10. Term and Termination

Endless Solutions Inc., Endless Solutions Inc. / Susan R. Davis Blog, Susan-R-Davis.com, Visitor, or Registered User my terminate this Agreement at any time. Without limiting the foregoing, Endless Solutions Inc. shall have the right to immediately terminate Visitors’s or Registered User’s Account in the event of any conduct by Visitor or Registered User which Endless Solutions Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by Visitor or Registered User of this Agreement. The provisions of the Terms of Use, Sections 5 (Indemnification), 9 (Third Party Rights), 15 (Arbitration) and 16 (Miscellaneous) shall survive any termination of this Agreement.

11. Severability

If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement and the binding documents to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

12. Waiver

No waiver of any breach of any provision of this Agreement and the binding documents shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

13. Headings

The section headings used herein are for convenience only and shall not be given any legal importance.

14. Entire Agreement

This Agreement, the Privacy Policy, the Terms of Use, domain licenses and any operating rules for Susan-R-Davis.com established by Endless Solutions Inc. constitute the entire agreement of the parties and supersede all previous written or oral agreements between the parties.

15. Arbitration

Each party to this Agreement expressly agrees that all disputes, claims or controversies that exist or may come to exist between them including, without limitation, all disputes, claims or controversies that exist or may arise out of, under or in connection with this Agreement, first to binding arbitration located in Clark County, State of Washington in accordance with the Commercial Arbitration Procedures of the American Arbitration Association. The parties agree that judgment upon the arbitration award will be final, binding and conclusive upon each party and may be entered into any court having jurisdiction. In the case of action under this Section, the prevailing party shall be entitled to recover its costs of the proceeding, including reasonable attorneys’ fees and out of pocket expenses.

16. Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of The United States of America, the State of Washington, and the County of Clark, without reference to their rules regarding conflicts of law, applicable to agreements made and to be performed in The United States of America. You hereby irrevocably consent to the exclusive jurisdiction of these venues. Any cause of action or claim you may have with respect to the Content must be commenced by bringing to arbitration within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Endless Solutions Inc.’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Endless Solutions Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.

Respectfully,
The Endless Solutions Inc. / Susan R. Davis Blog Team

© 2009 Endless Solutions Inc. All rights reserved.

Unauthorized duplication or publication of any materials from this website is expressly prohibited.

Last Updated: October 3, 2009