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Terms of Use

The following Terms of Use outline your obligations when using the Endeavor Fitness website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

1. ACCEPTANCE OF TERMS

The web pages available at endeavorfitnessclub.com, and all linked pages un("Site"), are owned and operated by Armor Development, LLC. ("Armor Development"), 1442 Forest Ponds Drive, Howell, MI 48843, and is accessed by you under the Terms of Use described below ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. Endeavor Fitness'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY Endeavor Fitness, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. MODIFICATIONS OF TERMS OF USE

Endeavor Fitness reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Endeavor Fitness will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Endeavor Fitness's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, Endeavor Fitness may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Endeavor Fitness performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Endeavor Fitness may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Endeavor Fitness may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4. YOUR REGISTRATION OBLIGATIONS

As a condition to using Services, you are required to register with Endeavor Fitness and select a user name and password ("Endeavor Fitness User ID"). You shall provide Endeavor Fitness with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Endeavor Fitness account. You may not (i) select or use as a Endeavor Fitness User ID a name of another person with the intent to impersonate that person; (ii) use as a Endeavor Fitness User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Endeavor Fitness User ID a name that is otherwise offensive, vulgar or obscene. Endeavor Fitness reserves the right to refuse registration of, or cancel a Endeavor Fitness User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Endeavor Fitness password.

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

5. USER WARRANTY

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Endeavor Fitness.

By way of example, and not as a limitation, you agree not to use the Services:

1. to abuse, harass, threaten, impersonate or intimidate other Endeavor Fitness users;

2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;

3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;

4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Endeavor Fitness user;

5. to create or submit unwanted email ("Spam") to any other Endeavor Fitness users or any URL;

6. to violate any laws in your jurisdiction (Including but not limited to copyright laws);

7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;

8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;

9. with the intention of artificially inflating or altering the 'Endeavor Fitness count', blog count, comments, or any other Endeavor Fitness service, Including by way of creating separate user accounts for the purpose of artificially altering Endeavor Fitness's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Endeavor Fitness's services;

10. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

11. attempt to impersonate another user or person;

12. sell or otherwise transfer your profile.

Endeavor Fitness may remove any Content and Endeavor Fitness accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: endeavorfit@gmail.com

You are solely responsible for your interactions with other users of the Site. Endeavor Fitness reserves the right, but has no obligation, to monitor disputes between you and other users.

6. Endeavor Fitness PRIVACY POLICY

Endeavor Fitness's current privacy policy is available at endeavorfitnessclub.com/privacy.aspx (the "Privacy Policy"), which is included and incorporated by this reference.

7. INDEMNITY

You will indemnify and hold harmless Endeavor Fitness, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorney’s fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Endeavor Fitness User ID, of any intellectual property or other right of any person or entity.

8. WARRANTY DISCLAIMERS

You acknowledge that Endeavor Fitness has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Endeavor Fitness from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Endeavor Fitness makes no representations concerning any content contained in or accessed through the Site or Services, and Endeavor Fitness will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Endeavor Fitness has no control over such sites and resources, you acknowledge and agree that Endeavor Fitness is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Endeavor Fitness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL Endeavor Fitness OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

11. TERMINATION

Endeavor Fitness may terminate or suspend any and all Services and your Endeavor Fitness account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Endeavor Fitness account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, Including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. MISCELLANEOUS

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this Web site shall be filed only in the state or federal courts located in Livingston County, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

13. TRADEMARKS

Endeavor Fitness, endeavorfitnessclub.com, and other Endeavor Fitness graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Endeavor Fitness in the U.S. and/or other countries. Endeavor Fitness's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

14. SEVERABILITY

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

Effective Date of this Terms of Use:

This Terms of Use is effective as of January 1, 2013.