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TERMS OF SERVICE
WELCOME TO ndeavr.com (the "Site")! In this Service Agreement ("Agreement"), "you" and "your" refer to each user of the Site ("Customer") and its agents, and "we", "us" and "our" refer collectively to n'deav[r] doing business as ndeavr.com ("Company"). This Agreement explains our obligations to you, and your obligations to us in relation to the Service (as defined below). By accessing or viewing the Site, you (I) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND (II) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. USERS UNDER 18 YEARS OF AGE REQUIRE PARENTAL PERMISSION.
1. Description of Service

Company provides online discussion forums, member to member interaction, member to author interaction, and SMS content delivery to certain compatible mobile devices (the "Service"). You acknowledge and agree that SMS content delivered to you by Company is for your personal use on the mobile device designated during user/membership registration. You agree that you may not transmit, broadcast, upload to any computer or undesignated mobile device, create derivative works of, or make commercial use of the Service, including, but not limited to, any SMS content. You may not (or attempt to or otherwise authorize, encourage or support others attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, including, but not limited to, any SMS content.

2. Access to Service

(a) Access to the Service. In order to use the Service, you must have internet access and a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Company makes the Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Company's hardware, software, website, or operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless otherwise expressly provided herein, any new or additional features that augment, enhance, or modify the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

(b) Service Plans. COMPANY is offering its SMS content delivery services as part of the ndeavr.com community experience. Access to the Service can be provided by delivering to you SMS content of the community category you joined.

(c) Interruptions or Discontinuation of Service. Company reserves the right at any time and from time to time to modify the Service, or portions thereof, with or without notice to you.

(d) Third Party Products and Services. WE WILL NEVER SEND YOU SMS ADVERTISING FOR THIRD PARTY PRODUCTS AND SERVICES. We may make available or provide access to products and services of independent third parties either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that COMPANY SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES. Because we do not have any control over third party sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on such information should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness.

(e)Gift Codes. Redemption of a gift code binds Customer to all provisions of this Agreement.

(f) License to SMS content. You acknowledge and agree that the SMS content made available as part of the Service are owned by Company, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and access the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, display, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the SMS content, except as expressly provided in this Agreement.

3. Privacy

You agree to be bound by our Privacy Policy You acknowledge that Company may collect and process "personal information"(i.e. information that could be used to contact you, such as full name, postal address, phone number or e-mail address), "financial information" (i.e. credit card numbers, bank account information or passwords) or "demographic and usage information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information but necessary for the proper functioning and billing of our service, such as the date regarding the start and end and the extent of your usage of the service), in connection with the Service. We may pass on your personal information, financial information and or demographic and usage information to your mobile phone service provider to secure collection of fees and such information collected by Company may be stored and processed in the United States or any other country in which Company or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

4. Indemnification
You agree to release, indemnify, defend and hold harmless Company, its parent company, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach of your obligations set forth herein.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLEY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD. While we make every effort to present accurate and reliable information on the Site, we do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. In addition, we have no duty to update the information contained on the Site, and we are not liable to you for out-dated or incorrect information contained herein. It also is important for you to keep in mind that this Site and our Services are run on software, hardware and networks, any component of which may require maintenance or experience problems from time to time. Thus, we make no promises as to the continued availability or the functionality of this Site or our Services. You alone will take responsibility for all information, data, text and other content which you may contribute to the Site (including without limitation on message boards and forums) or to other users by any means, including by uploading, posting, emailing or transmitting. The Company does not control the content posted via the Services and as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Company be liable in any way for any content, including any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Services. THIS SITE IS PROVIDED ON AN "AS IS" BASIS, AND WE MAKE NO GUARANTEES OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, OR SYSTEM INTEGRATION, WITH RESPECT TO THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE. WE DO NOT WARRANT THAT THE SITE OR ACCESS THERETO WILL BE UNINTERRUPTED OR ERROR-FREE EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT COMPANY'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, COMPANY, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS PROFITS OR LOSS OF DATA, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATE.

6. Intellectual Property Rights

Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Company Intellectual Property Rights") are owned by Company or its licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. The n'deav[r] name and logo are trademarks of n'deav[r]. Any other trademarks or service marks mentioned on this Site are the trademarks or registered trademarks of their respective owners. References on our Site to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by the Company. Moreover, such third parties do not endorse, sponsor, and are not affiliated with the Company. You acknowledge that no title to the Company Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly licensed in this Agreement.

7. Fees

You agree to pay n'deav[r] for the Service you select in accordance with the fees in effect at the time of your order. All fees are subject to change upon notice from Company. Company will provide you with reasonable notice of such change. All fees are due immediately and are non-refundable, except as otherwise expressly noted.

8. Termination and Cancellation of Services

To cancel your subscription plan, send an email to support@ndeavr.com.. Company shall not be required to refund any fees already collected for Service. You agree that Company, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Service and/or change its content offering made available through the Service, if you remain in breach of this agreement for more than 7 days from notice of such breach. Company may cancel all or any of the Services (or individual services provided via the Services) or if Company believes that you have violated this Agreement or any part thereof. You agree that upon termination of your access to the Service under any provision of this Agreement, Company may immediately deactivate or delete your membership account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Service.

9 . Customer Service:

Company provides assistance and guidance through its support email address  support@ndeavr.com .  Please direct any questions to this address

10 . Subscriptions; Charges on Your Billing Account.

(a) General. n'deav[r] bills you through an online account (your "Billing Account") for use of the Service. You agree to pay n'deav[r] all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize n'deav[r] to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. n'deav[r] reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

(b) Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. LIVE INSPIRED, LLC MAY SUBMIT PERIODIC CHARGES (E.G., ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY COMPANY) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE COMPANY REASONABLY COULD ACT TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.

(c) Current Information RequiredYOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY COMPANY IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT, OR VOLUNTARILY) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE COMPANY ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT COMPANY MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY COMPANY).

(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreem ents between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Company does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

(e) Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Company shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Company may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

(f) Auto-renewal. Your ndeavr.com subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. If you terminate your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

(g) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Company is authorized to charge your Payment Method. Company may submit those charges for payment and you will be responsible for such charges. This does not waive Company's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

(h) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee.

(i) "Billing will start after the "Free Trial Period". You may cancel anytime before the "Free Trial Period" by emailing us at   support@ndeavr.com."

11. Message board/forum rules.

Violation of any of the following rules constitutes grounds for immediate termination of your access to the Services without further notice, at Company's sole discretion:

Rule #1: You will not transmit unsolicited e‑mails, which can be characterized as promotional or sales material, to other users of the Site or Services

Rule #2: You will not engage in fraudulent activity of any kind, including by forging information, impersonating other people, contributing information which you know to be false, or misrepresenting your affiliation with any person or entity.

Rule #3: You will not use the Services in any manner that may be considered objectionable to other users and will not use the Services to upload, post, email, link to, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable.

Rule # 4: You will not harass, threaten or abuse any other person when using the Services or Site in any manner.

Rule #5: You will not violate or attempt to violate the security of the Site, use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Violations of this sort will be prosecuted to the fullest extent of state and federal laws.

Rule # 6: You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services and will not use the Services for unlawful purposes.

Rule # 7: You will not upload any screen names of e-mail addresses, or collect personal information for any commercial use or unlawful purposes.

Rule # 8 You will not upload, email, post or otherwise send or transmit any content which you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

Rule #9: You will not post, upload, email, link to, or otherwise transmit any content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of the Services or impair users' ability to enjoy the Services, or the proper functioning of any software or hardware or equipment or materials used in connection with the Site.

Rule # 10: You will not infringe, misappropriate, or otherwise violate any existing national or international copyright, trademark, service mark, trade name or other intellectual property or proprietary rights of any person or entity whatsoever.

Rule #11: You will not give your password to anyone, use any Service as the agent of a third party, or allow any third party to use your account.

Rule #12: You are at least eighteen (18) years of age.

Rule # 13: You will not violate any other term or condition contained in this Agreement

12. Miscellaneous Provisions

(a) Notices And Announcements. Except as expressly provided otherwise herein, all notices to Company shall be in writing by email to: support@ndeavr.com

Company shall serve notices related to this contract by posting them on the Website or by sending them to the postal address or e-mail address you have given to Company or as a text message to your mobile telephone number associated with your account. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

(b) Severability. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

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(c) Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. This Agreement may be revised from time to time, in which case notice of revision will be posted on the Site. Thus, we encourage you to check the Site periodically. You may not modify this Agreement without our express written agreement.

(d) Assignment And Resale. Your rights and obligations under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.

(e) Governing Law. This Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Quebec, Canada, excluding its conflict of laws rules. You and we each agree to submit to exclusive jurisdiction in the state or federal courts located in Montreal, Quebec for any disputes between us under or arising out of this Agreement. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement. In no event shall the Uniform Computer Information Transactions Act or the United Nations Convention of Contracts for the International Sale of Goods apply to this Agreement.

(f) Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Company. The remedies of Company under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of Company, at any time or from time to time, to require performance of any obligations of you shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

(g) Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

(h) DMCA Notice. If you believe that your work has been copied in a manner that constitutes copyright infringement, you must provide our copyright agent, designated below, with the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of the copyrighted work that you allege has been infringed; (c) a description of the allegedly infringing material that is to be removed or disabled and the location of such material on our Site; (d) your contact information, including your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner whose exclusive right allegedly is infringed.

(i) Survival. In the event this Agreement is terminated, Sections 2(d),2(f), 4, 5, 6, 7, 8, 10, 11, and 12 of this Agreement shall survive such expiration or termination.