Terms of Use

Endless Solutions Inc.

Welcome to Endless Solutions Inc. / Susan R. Davis Blog, owned by Endless Solutions Inc., (hereinafter the “ESI” or “we”). We look forward to your participation on our website.

The Endless Solutions Inc. / Susan R. Davis Blog website (the “website”) is an online information service provided by Endless Solutions Inc., subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below, and by the terms and conditions in the Privacy Policy, the Legal Disclaimers, and the Earnings Disclaimer. These binding documents govern the use of the website and apply to all internet traffic visiting the site. If you do not wish to be bound by these agreements, you may not access or use the site. Endless Solutions Inc. / Susan R. Davis Blog may modify these agreements at any time, and such modifications shall be effective immediately upon posting of the modified agreements to the website. You agree to review the agreements periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreements.

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.

“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..

Acceptance of Terms of Use

  1. Endless Solutions Inc. / Susan R. Davis Blog reserves the right to update the Terms of Use at any time, in whole or part, or to impose new conditions, including, but not limited to, adding fees and charges for use, without notice to Visitor or Registered User. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Susan-R-Davis.com, or by electronic or conventional mail, or by any other means by which Visitor or Registered User obtains notice thereof. Any use of Susan-R-Davis.com by Visitor or Registered User after such notice shall be deemed to constitute acceptance by Visitor or Registered User of such changes, modifications or additions.
  2. The right to use Susan-R-Davis.com is personal to Visitor or Registered User and is not transferable to any other person or entity. Visitor or Registered User is responsible for all use of Visitor’s or Registered User’s Account (under any screen name, username, or password) and for ensuring that all use of Visitor’s or Registered User’s Account complies fully with the provisions of this Agreement and the Privacy Policy and Legal Disclaimers. Visitor or Registered User shall be responsible for protecting the confidentiality of his or her password(s), if any.
  3. Endless Solutions Inc. shall have the right at any time to change or discontinue any aspect or feature of Susan-R-Davis.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Visitor or Registered User Conduct

  1. Visitor or Registered User shall use Susan-R-Davis.com for lawful purposes only. Visitor or Registered User shall not post or transmit through Susan-R-Davis.com any material which violates or infringes in any way upon the rights of others, constitutes email SPAM, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Endless Solutions Inc.’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by Visitor or Registered User that in ESI’s discretion restricts or inhibits any other Visitor or Registered User from using or enjoying Susan-R-Davis.com will not be permitted. Visitor or Registered User shall not use Susan-R-Davis.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive with Endless Solutions Inc. and its network of websites without prior arrangement with and the express written permission of ESI.
  2. Susan-R-Davis.com contains copyrighted material, trademarks, intellectual property, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Susan-R-Davis.com are copyrighted as a collective work under the United States copyright laws. Endless Solutions Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Visitors and Registered Users may not modify, publish, transmit, upload, post, republish, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Visitor or Registered User may download copyrighted material for Visitor’s personal, non-commercial, use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of ESI and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Visitor or Registered User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
  3. Visitor or Registered User shall not upload, post or otherwise make available on Susan-R-Davis.com any material protected by copyright, trademark, intellectual property rights, or other proprietary right without the express permission of the owner of the copyright, trademark, intellectual property, or other proprietary right and the burden of determining that any material is not protected by copyright rests with Visitor or Registered User. Visitor or Registered User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, intellectual property, or any other harm resulting from such a submission. ESI does not claim ownership of any materials submitted to website by Visitor or Registered User. By submitting material to any public area of Susan-R-Davis.com or by email to Susan-R-Davis.com, Visitor or Registered User automatically grants, or warrants that the owner of such material has expressly granted Endless Solutions Inc., its affiliated companies, and necessary sublicenses the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, transmit, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. This includes the right to sub-license, to reproduce, distribute, transmit, reformat, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services). No compensation will be paid with respect to the use of User’s Submission, as provided herein. Visitor or Registered User also permits any other Visitor or Registered User to access, view, store, or reproduce the material for that Visitor or Registered User’s personal use. Visitor or Registered User hereby grants Endless Solutions Inc. the right to edit, copy, publish and distribute any material made available on Susan-R-Davis.com by Visitor or Registered User.
  4. The foregoing provisions of Section 3 are for the benefit of Endless Solutions Inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  5. You also grant to Endless Solutions Inc. / Susan R. Davis Blog the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against ESI for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ESI.

Unsolicited Idea Submission Policy

Endless Solutions Inc. or any of its employees do not accept or consider unsolicited ideas, including ideas for advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Endless Solutions Inc.’s products or marketing strategies might seem similar to ideas submitted to ESI. So, please do not send your unsolicited ideas to ESI or anyone at ESI. If, despite our request that you not send us your ideas and materials, you still send them, please understand that ESI makes no assurances that your ideas and materials will be treated as confidential and proprietary.

Endless Solutions Inc. is willing to accept completed Products or Services access for the sole purpose of providing a review and potential affiliate promotion to the product or service owner. In these cases, the owner grants ESI a usual and customary permanent license to use the product, just as if ESI were a purchaser. In return, if requested, ESI will maintain any requested confidentiality about the product until such time as ESI is released from the obligation, usually requested during pre-launch for a product.

Absent any written agreement, the disclosure of ideas to Endless Solutions Inc. for new products, enhancements, features, inventions, or innovations, or of any ideas of any type that may be related to ESI’s business, is governed by the following terms:

  • ESI is in no way obligated to the disclosing party.
  • ESI is not obligated to keep the disclosed information confidential.
  • ESI is not obligated to compensate the disclosing party for use of the idea.
  • ESI expects that, if the disclosing party wants to protect their ideas, they will have filed a patent application or other means of obtaining legal protection under the law prior to the submission of such ideas to Endless Solutions Inc..

Use of Site, Services, and Content

You understand that, except for information, products or services clearly identified as being supplied by ESI, Endless Solutions Inc. / Susan R. Davis Blog does not operate, control or endorse any information, products or services on the internet in any way. Except for ESI-identified information, products or services, all information, products and services offered through the website or on the internet generally are offered by third parties, that are not affiliated with Endless Solutions Inc. / Susan R. Davis Blog. You also understand that Endless Solutions Inc. / Susan R. Davis Blog cannot and does not guarantee or warrant that files available for downloading through the website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data.

In many instances, the Content available through Susan-R-Davis.com represents the opinions and judgments of the respective information provider, Visitor, Registered User, or other user not under contract with ESI. Endless Solutions Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Susan-R-Davis.com by anyone other than authorized Endless Solutions Inc. employee spokespersons while acting in their official capacities. Under no circumstances will ESI be liable for any loss or damage caused by a Visitor’s or Registered User’s reliance on information obtained through Susan-R-Davis.com. It is the responsibility of Visitor or Registered User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ESI. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

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.

  • The Content may contain email services, bulletin board services, chat areas, newsgroups, forums, communities, personal webpages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable Visitor or Registered User to communicate with others (each a “Communication Method” and collectively “Communication Methods”). Visitor or Registered User agrees to use the Communication Methods only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Method. By way of example, and not as a limitation, Visitor or Registered User agrees that when using the Communication Methods, Visitor or Registered User will not:
    1. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    2. Restrict or inhibit any other user from using and enjoying the Communication Methods.
    3. Use the Communication Methods in connection with surveys, contests, pyramid schemes, chain letters, illegal acts, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
    4. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    5. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, adult-related, gambling-related, indecent or unlawful topic, name, material or information.
    6. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless Visitor or Registered User owns or controls the rights thereto or have received all necessary consent to do the same.
    7. Use any material or information, including images or photographs, which are made available through the Content in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
    8. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malware, spyware, keyloggers, or any other similar software or programs that may damage the operation of another’s computer or property of another.
    9. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Methods specifically allows such messages.
    10. Download any file posted by another user of a Communication Method that Visitor or Registered User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
    11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
    12. Harvest or otherwise collect information about others without their specific consent, including email addresses.
    13. Violate any applicable laws or regulations.
    14. Create a false identity for the purpose of misleading others or the search engines.
    15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Content or other user or usage information or any portion thereof.
  • Endless Solutions Inc. has the right, but not the obligation to monitor the Communication Methods to determine compliance with these Agreements and any operating rules established by ESI and to satisfy any law, regulation or authorized government request. However, ESI reserves the right to review materials posted to the Communication Methods and to remove any materials in its sole discretion. ESI reserves the right to terminate Visitor or Registered User’s access to any or all of the Communication Methods at any time, without notice, for any reason whatsoever. ESI reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Endless Solutions Inc.’S sole discretion.
  • Materials uploaded to the Communication Methods may be subject to posted limitations on usage, reproduction and/or dissemination; Visitor or Registered User is responsible for adhering to such limitations if he or she downloads the materials.
  • Always use caution when giving out any personally identifiable information in any Communication Methods. ESI does not control or endorse the content, messages or information found in any Communication Methods and, therefore, Endless Solutions Inc. specifically disclaims any liability with regard to the Communication Methods and any actions resulting from Visitor’s or Registered User’s participation in any Communication Methods. Managers and hosts are not authorized Endless Solutions Inc. spokespersons, and their views do not necessarily reflect those of ESI.

Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the website.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE INTERNET. WE PROVIDES THE WEBSITE AND RELATED INFORMATION “AS IS” AND DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE AND CONTENT, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE CONTENT OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SPECIFICALLY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR CONTENT OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

Notice Specific to Software and Scripts Available on Content or in Services

Any software or script that is made available to download from the website (“Software”) is the copyrighted work of Endless Solutions Inc. and/or its suppliers. Use of the Software is governed by the Terms of Use and the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The License Agreement is based upon one domain name use unless otherwise specified. Domains need to be fully owned by the end user. End users can buy as many licenses as they need for as many domains that they own.

The Software is made available for download solely for use or personal use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. The Software is made available for download solely for use or personal use by end users according to the License Agreement, unless otherwise specified. Violators will have their licenses revoked if they do not follow these terms and will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the License Agreement accompanying such Software. The Software is warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the License Agreement, Endless Solutions Inc. hereby disclaims all warranties and conditions with regard to the Software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

For your convenience, Endless Solutions Inc. may make available as part of the Services or in its Software products, tools and utilities for use and/or download. ESI does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available to you.

Use of Copyrighted Content from Website

Permission to use certain content (such as white papers, press releases, datasheets and FAQs) from the Content is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Content is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Content are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the specified Content for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Member Account, Password, and Security

If any of the Services or Content requires the Visitor to open an account, Visitor must complete the registration process by providing Endless Solutions Inc. with current, complete and accurate information as prompted by the applicable registration form. Visitor also will choose a password and a username. Visitor is entirely responsible for maintaining the confidentiality of their password and account. Furthermore, Visitor is entirely responsible for any and all activities that occur under Visitor’s account. Visitor agrees to notify ESI immediately of any unauthorized use of their account or any other breach of security. Endless Solutions Inc. will not be liable for any loss that Visitor may incur as a result of someone else using Visitor’s password or account, either with or without Visitor’s knowledge. However, Visitor could be held liable for losses incurred by Endless Solutions Inc. or another party due to someone else using Visitor’s account or password. Visitor may not use anyone else’s account at any time, without the permission of the account holder.

Third Party Sites and Links both Inbound and Outbound

Endless Solutions Inc. / Susan R. Davis Blog makes no representations whatsoever about any other website which you may access through this one using one of our links or any website that may link to this website. When you access a non-ESI website, please understand that it is independent from Endless Solutions Inc. / Susan R. Davis Blog, and that Endless Solutions Inc. has no control, editorial or otherwise, over the content on that website. In addition, a link to another ESI website does not mean that Endless Solutions Inc. / Susan R. Davis Blog endorses or accepts any responsibility for the content, or the use, of such website. ESI is not responsible for any links in a website you may visit outside of our website, or for any changes or updates made to such sites. Endless Solutions Inc. is not responsible for webcasting or any other form of transmission received from any linked site. ESI is providing these links and the content through these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Endless Solutions Inc. of the website.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Visitors, Registered Users or any other user of Susan-R-Davis.com, are those of the respective author(s) or distributor(s) and not of ESI. Neither Endless Solutions Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

Payments and Refund Policy

  1. Visitors are charged for certain software, services, written publications, audio, video, and online media products. If you pay a company other than us for the service, then the charges and billing terms are as stated by the other company. Even if you do not pay for the service, you may still incur charges incidental to using the service; for example, charges for Internet access, mobile text messaging, or other data transmission.
  2. When you create a billing account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the service, product, or recurring billing using your payment method and for any paid feature of the service for which you choose to sign up or use while this contract is in force. We may bill you for more than one of your prior billing periods together. If we informed you that the service would be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.
  3. You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring additional charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for this service.
  4. The price for the service or any Content excludes all taxes and phone charges, unless otherwise stated. If a physical product is shipped, there may be shipping charges and sales or excise taxes applied to the purchase. We may change the price of the service from time to time, but we will tell you before we do.
  5. If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price, unless we notify you in advance of a different pricing structure.
  6. If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your current service time length, or, if we bill your account on a periodic basis, at the end of the period in which you cancelled.
  7. We will provide you with a billing statement accessible online through your account. This is the only billing statement that we provide. If you request a paper copy, we may charge you a fee. We will only provide paper copies for the past 90 days. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 90 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 90 days after the error first appears on your online record. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time.
  8. You may cancel the service at any time, with or without cause. Go to Susan-R-Davis.com
    to obtain information on canceling your service. Certain service offers may
    require cancellation charges, and you will pay all cancellation charges as
    specified in the materials describing the offer. Cancellation of the service
    by you will not alter your obligation to pay all charges made to your billing
    account for which you have already used the Services.
  9. Any initial sign-up fee is non-refundable. If you cancel a paid Services Fee, Endless Solutions Inc. will cancel your account as of the end of the current billing period, and you will incur no additional fees beyond those for services you have already obtained./li>
  10. If you purchase non-service-oriented Content from Endless Solutions Inc. / Susan R. Davis Blog, you will entitled to a refund as specified on the Content’s Sales and Order pages.

Limitation of Liability

In no event and in no circumstances (including, but not limited to, negligence) will Endless Solutions Inc., its affiliated or related entities or suppliers, any of their respective employees or agents, or any person or entity involved in the creation, production, or distribution of Endless Solutions Inc.’s website, Service, software, or Content be liable for (i) any incidental, consequential, special, punitive, direct, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of failure of performance, interruption, deletion, defect, theft, destruction, unauthorized access, the use of or inability to use the Service or Content, or any and all information on the website, or transactions provided on the website, or downloaded from the website or email, or any delay of such information or service. Even if Endless Solutions Inc., other entities listed above, or its Authorized Representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, untimeliness, lack of authenticity, or other inaccuracies in the Service and/or Content or materials or information downloaded through the Service or email. You further expressly acknowledge and agree that Endless Solutions Inc. and its related entities are not responsible for any defamatory, offensive, or illegal conduct of other Visitors or third parties. Because some states do not allow exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Endless Solutions Inc.’s liability, and that of the other related entities listed above, is limited to the greatest extent permitted by law. In no event shall Endless Solutions Inc.’s and related parties’ total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing Endless Solutions Inc.’s website. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including but not limited to lost profits, or punitive or consequential damages.

Release; Covenant Not To Sue

You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Content or your use of this website, other than willful misconduct or our failure to honor an express commitment posted on the website (e.g. if we fail to deliver Content to you which you paid for). If you are a California resident, you hereby waive California Civil Code ยง1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Copyright Infringement

ESI has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the website or with the Content. ESI has adopted a policy that provides for the immediate suspension and/or termination of any website or Content user who is found to have infringed on the rights of Endless Solutions Inc. or of a third party, or otherwise violated any intellectual property laws or regulations. ESI’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want ESI to delete, edit, or disable the material in question, you must provide ESI with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Endless Solutions Inc. to locate the material; (d) information reasonably sufficient to permit ESI to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective you must provide it to the Copyright Infringement Unit, info (at) Susan-R-Davis.com and by certified mail, return receipt requested Endless Solutions Inc., address 14137 NE 37th Circle, Vancouver, WA 98682.

Disclaimer of Warranty and Additional Limitations of Liability

  1. Visitor or Registered User expressly agrees that use of Susan-R-Davis.com is at Visitor or Registered User’s sole risk. Neither Endless Solutions Inc., its affiliated entities and suppliers nor any of their respective employees, agents, third-party content providers, or licensors warrant that Susan-R-Davis.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of Susan-R-Davis.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Susan-R-Davis.com.
  2. Endless Solutions Inc. and Endless Solutions Inc. / Susan R. Davis Blog has made every effort to ensure the accuracy and reliability of our partners, affiliates, products, and services; however, you are using these services at your own discretion.
  3. Endless Solutions Inc. makes no guarantee regarding potential income or results arising from use of its Content, services, or website, or of content provided by its partners, affiliates, and other related parties. You are using this Content and services of your own free will, and any success you may have will be totally based upon your own situation, your experience, the effort or lack thereof you apply, and other factors outside of our control. Visit here for our full Earnings Disclaimer.
  4. Susan-R-Davis.com is provided on an “AS IS” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Agreements.
  5. This Disclaimer of Liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Visitor or Registered User specifically acknowledges that Endless Solutions Inc. is not liable for the defamatory, offensive, or illegal conduct of other Visitors, Registered Users, or third parties and that the risk of injury from the foregoing rests entirely with the Visitor or Registered User.
  6. Prior to the execution of a stock trade, Visitors and Registered Users are advised to consult with their broker or other financial representative to verify pricing or other information. Endless Solutions Inc., its affiliates, information providers, or content partners shall have no liability for investment decisions based on the information provided. Neither Endless Solutions Inc. nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
  7. Endless Solutions Inc. / Susan R. Davis Blog is intended to be a guide and resource and should not be a substitute for professional advice. Visitors, Registered Users, and third parties who obtain this information are strongly advised to seek independent professional guidance concerning their individual situation since circumstances often change and differ from situation to situation. Endless Solutions Inc. / Susan R. Davis Blog is not engaged in providing professional services including, but not limited to, the legal, accounting, tax, or medical professions. Nothing contained on Susan-R-Davis.com shall be construed as providing such service. Endless Solutions Inc., its affiliates, information providers, or content partners shall have no liability for decisions made by Visitor, Registered User, or any third party they share information with that involves professional services information such as the legal, financial, tax, or medical professions and is based, in part or whole, on any legal, financial, tax, or medical class of resources provided by Endless Solutions Inc. / Susan R. Davis Blog. Neither Endless Solutions Inc. nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy, or completeness of this type of legal, financial, tax, or medical information. Additionally, there are no warranties as to the results obtained from the use of the information.
  8. Force Majeure – Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, Acts of God, war, riot, embargoes, acts of Civil or Military Authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third-party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of these Agreements shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under these Agreements.

Privacy Policy

Endless Solutions Inc. respects your privacy and permits Visitors and Registered Users to control the treatment of personal information. A complete statement of Endless Solutions Inc.’S current Privacy Policy can be reviewed on our Privacy Policy page.

Independent Parties

You and Endless Solutions Inc. expressly agree that each is an independent contractor of the other. Neither party is an agent, representative, broker, employee, partner or joint venturer of the other party. This Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either party.

Headings

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

Entire Agreement

This Agreement, the Privacy Policy, the Legal Disclaimer, the Earnings Disclaimer, 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.

Acknowledgment

By using the Services and Content of this site or accessing the website, you acknowledge that you have read these Terms of Use and understand and agree to be bound by them.

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