Final Revision: January 4, 2021
You agree that by creating an account with ENDOMINANCE (as defined below), or accessing or using our Services (as defined below), website(s) (such as this website, https://www.Endominance.com, as well as any content provided or accessible in connection with the website(s), including information, user interfaces, source code, reports, images, products, services, and data (each website referred to herein as a "Website," and collectively, as "Websites"), you represent to ENDOMINANCE that you have read, understood, and expressly consent and agree to be bound by this Terms of Use Agreement, and the terms, conditions, and notices contained or referenced herein ("Agreement") whether you are a "Visitor" (which means that you simply browse or access a Website), or a "Customer" (which means that you have created an account with COSEC Report Management Solution, or enrolled or registered with a Website, or are accessing or using a Service).
At Customer's election, Customer may, from time to time, request to receive, and ENDOMINANCE may provide, free services or services subject to a fee, whether a recurring fee or a one-time transactional fee (each a "Service")), and Customer's receipt and use of such Services shall, at all times, be subject to this Agreement. The term "Service" includes, but is not limited to, the provision of any of our products and services, including, but not limited to, “COSEC” (Cognitive Orientation & Social-Emotional Competency) Assessment(s), “ASEC” (Academic & Social-Emotional Competency) Assessment(s), one-on-one compatibility measure, group compatibility measure, and COSEC Report Management Solution, regardless of the manner in which you receive the Services, whether by email or mail, through a website or mobile application, by telephone, or through any other mechanism by which a Service is delivered or provided to you. The term "you" or "User" refers to a Visitor or a Customer. For purposes of this Agreement, the terms "we," "us" or " ENDOMINANCE " refer to Endominance, Inc. (doing business as Endominance.com and SUMforTeams.com), and referred to as "ENDOMINANCE" on the Websites, its predecessors in interest, successors and assigns, and any of its third party service providers (including, without limitation, cloud service providers) who ENDOMINANCE uses in connection with the provision of the Services to you. If you are a Visitor and do not wish to be bound by this Agreement, you should immediately cease accessing and using the Websites. Notwithstanding the immediate preceding sentence, if you are a Visitor and continue to access and use a Website, by virtue of your continued access and/or use of the Website, you are indicating your acceptance of this Agreement and agreement to be bound by the terms and conditions contained herein. If you wish to become a Customer and make use of the Services, you will be prompted during the registration process to agree, and must agree, to be bound by this Agreement.
For the avoidance of doubt, this Agreement expressly applies to: (a) your access to and use of the Websites; (b) any and all transactions between you and ENDOMINANCE through the Websites, including for the provision of any Services or of any personal or other information delivered as part of or in conjunction with free Services or paid Services, including any such information that may be archived to the extent made available on the Websites, such as (i) for your purchase of COSEC (Cognitive Orientation & Social-Emotional Competency) Assessment(s), ASEC (Academic & Social-Emotional Competency) Assessment(s), one-on-one compatibility measure and group compatibility measure, and COSEC Report Management Solution; (ii) enrollment and use of free Services (such as free or trial version of COSEC Assessment(s), ASEC Assessment(s)); and (iii) your access to and use of text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto contained in the Websites.
You may not browse the Websites, or create an account or register with ENDOMINANCE, or use or enroll in any Services, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with ENDOMINANCE. If you accept this Agreement, you represent that you have the capacity to be bound by it. Before you continue, you should print or save a local copy of this Agreement for your records.
THE SERVICES AND WEBSITES ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF, ORDER OF, USE OF, AND/OR ACCESS TO, THE SERVICES AND WEBSITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE, ACCESS OR ORDER ANY SERVICE OR ACCESS OR USE THE WEBSITES. IF YOU HAVE ALREADY BEGUN ACCESSING OR USING THE SERVICES AND/OR WEBSITES AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, IMMEDIATELY CEASE USING THE SERVICE OR WEBSITE AND/OR DISCARD ANY INFORMATION OR PRODUCTS YOU RECEIVED VIA ANY SERVICE OR WEBSITE (TO THE EXTENT APPLICABLE), AND CALL CUSTOMER CARE AT +1-888-436-2882 TO CANCEL YOUR ACCOUNT WITH ENDOMINANCE.
You understand and agree that, by establishing an account with ENDOMINANCE, or submitting your order or enrolling for any Service, you have provided "written consent" for ENDOMINANCE, and its service provider to conduct COSEC (Cognitive Orientation & Social-Emotional Competency) Assessment(s), ASEC (Academic & Social-Emotional Competency) Assessment(s), one-on-one compatibility measure and group compatibility measure on you and provide the result to you. You understand and agree that, pursuant to such authorization, ENDOMINANCE and its Affiliates may access your Result, including without limitation, your personal information, your conduct COSEC (Cognitive Orientation & Social-Emotional Competency) Assessment(s), ASEC (Academic & Social-Emotional Competency) Assessment(s), one-on-one compatibility measure, group compatibility measure and other related information via COSEC Report Management Solution. You understand and agree that ENDOMINANCE and its Affiliates may, from time to time, provide additional products, services, features and/or functionality to you.
You understand and agree that ENDOMINANCE can receive compensation for the marketing of advertisement opportunities or other products or services available through third parties, and that this compensation may impact how and where such advertisements, products or services appear on a Website (including, for example, the order in which they appear).
This Agreement may be updated from time to time. You should check this Website regularly for updates to this Agreement. Each time you order, access or use any of the Services or Websites, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement. Modifications take effect as soon as they are posted to this Website (or any of the Websites, to the extent applicable to you), delivered to you, or reasonably made available to you in writing by ENDOMINANCE. However, no unilateral amendment will retroactively modify the parties' agreed-to dispute resolution provisions of this Agreement for then-pending disputes, unless the parties expressly agree otherwise in writing. In all other respects, any modification or update to the arbitration provision shall be governed by subsection (g) of the Agreement's "Dispute Resolution By Binding Arbitration" Section below.
ENDOMINANCE may, at its discretion, modify or discontinue any of the Services or Websites, or any portion thereof, with or without notice. You agree that ENDOMINANCE will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Service or Websites.
The Services and Websites are meant to provide you a means to review your personality and aptitude information and suggestions for self-help purposes only, and to manage if and to the extent you so choose, and may notify you of other products and services that may be available to you through ENDOMINANCE or through third parties (such as, among other things, advertisements job searching products or services, or health related products or services and other offers to Customers, the ability to track and collect certain consumer information specific to you, including but not limited to, conduct COSEC (Cognitive Orientation & Social-Emotional Competency) Assessment(s), ASEC (Academic & Social-Emotional Competency) Assessment(s), one-on-one compatibility measure and group compatibility measure). The Services and Websites are meant for your personal use only. The Services and Websites may also provide you other third-party product information.
We will identify those Services that are provided to you free of charge. Some of the Services (including the COSEC (Cognitive Orientation & Social-Emotional Competency) Assessment(s), ASEC (Academic & Social-Emotional Competency) Assessment(s), one-on-one compatibility measure and group compatibility measure) may require a fee at the time of Service purchase or enrollment, such as membership Services that require the payment of an ongoing fee for ENDOMINANCE's provision of such Services. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for paid Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize us to, for time to time: (i) submit a transaction using the card information provided, (ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis (e.g., monthly or annual basis) for membership renewals, (iii) if necessary, obtain updates from card issuers for cards provided to us, (iv) if necessary, bill you, in a prorated manner (as required), in accordance with the particular fee terms for the Service you are purchasing or enrolling in, including if you are transitioning between free or paid Services (or vice versa), when a recurring basis transaction is at issue, and (v) if necessary (and applicable) bill your mobile carrier or others via a mobile application if you authorize us to do so. You may cancel your subscription or enrollment for an ongoing paid Service at any time by calling Customer Care or by using any other method specified on the Websites or in the customer membership center.
You acknowledge and agree that ENDOMINANCE (including its Services and/or Websites) has not and does not provide you (or any minor child enrolled in a Service) legal, tax, financial, or other advice, and that its Services and/or Websites are not designed or intended to provide any such advice. As discussed above, and for your convenience, we may provide links to various other third party websites that may be of interest to you. The third party offers or links that may be displayed on a Website are from third party companies from which ENDOMINANCE may receive compensation. Compensation may impact how, where or whether a third party product, service or link appears on a Website. There may be other offers generally available to you (including those available in the marketplace) that are not available to you on our Websites. ENDOMINANCE does not make any guarantee any particular offer or opportunity made on our Websites.
While ENDOMINANCE uses reasonable efforts to present the most accurate information, however, ENDOMINANCE does not control or endorse the third party websites and is not responsible for their content, nor is it responsible for the accuracy or reliability of any information, data, opinions, offers, advice, or statements contained within such websites, nor can ENDOMINANCE guarantee your eligibility to take advantage of any of the information, data, opinions, offers, advice or statements contained within those websites. Please carefully read the terms and conditions or terms of use policies of any other third party company or website you may link to from our Websites. If you decide to access any of the third party sites linked to the Websites, you do so at your own risk. ENDOMINANCE reserves the right to terminate any link or linking program at any time. ENDOMINANCE disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such third party websites.
In consideration of your account with ENDOMINANCE, and/or your order of, access to, and/or use of any Service or Website, you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in any Service, when prompted to do so by the registration and application forms or requested to do so by ENDOMINANCE. If any information you provide is untrue, inaccurate or not current, or if ENDOMINANCE has reasonable grounds to suspect that such information is untrue, inaccurate or not current, ENDOMINANCE, at its sole discretion, has the right to suspend or terminate your account, or order of, use of, and/or access to, any Service or Website, and refuse all current or future orders of, use of, and/or access to, any Service or Website, or suspend or terminate any portion thereof. You acknowledge and agree that ENDOMINANCE may, in its sole discretion, retain any information you provide to it or generated by ENDOMINANCE (or its affiliates/suppliers) while you have an account with ENDOMINANCE, including any information about you (or any minor child you are enrolling, when enrolling in any Service) and any credit card or payment or other information obtained in connection with your account and/or the provision of any Service. If ENDOMINANCE does retain any such information, you acknowledge it is not obligated to retain that information for any specified period of time.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
SUMMARY:
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY REACHING ENDOMINANCE THROUGH EMAIL OR PHONE. IN THE UNLIKELY EVENT THAT ENDOMINANCE'S REPRESENTATIVES ARE UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR WEBSITE TO YOUR SATISFACTION (OR IF ENDOMINANCE HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. ENDOMINANCE WILL PAY ALL COSTS OF ARBITRATION, ONLY IF YOU WIN THE CASE. HOWEVER, IN ARBITRATION, BOTH YOU AND ENDOMINANCE WILL BE ENTITLED TO RECOVER ATTORNEYS' FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
Arbitration Agreement:
(a) ENDOMINANCE and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Services or Websites to the maximum extent permitted by law, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Service and/or your use of any Website subject to arbitration to the fullest extent permitted by law.
For purposes of this arbitration provision, references to "ENDOMINANCE," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates (including, without limitation, our service provider), agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services and/or Websites or information under this or prior Agreements between us relating to Services and/or Websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and ENDOMINANCE are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice''). The Notice to ENDOMINANCE should be addressed to: General Counsel, ENDOMINANCE, Inc., 155 Excursion, Irvine CA 92618 ("Notice Address''). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from ENDOMINANCE ("Demand''). If ENDOMINANCE and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ENDOMINANCE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ENDOMINANCE or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ENDOMINANCE is entitled.
You may obtain more information about arbitration from www.adr.org.
(c) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties' dispute. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement's other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless ENDOMINANCE and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, ENDOMINANCE will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse ENDOMINANCE for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
(e) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(f) YOU AND ENDOMINANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ENDOMINANCE agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subparagraph (f) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (f) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (f) enforced. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration.
(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if ENDOMINANCE makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in any Service, subsequent to your purchase of any Service, you may reject any such change and require ENDOMINANCE to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service by providing Notice to ENDOMINANCE at the Notice Address above prior to initiating your dispute.
Unless otherwise specified, the Services made available through the Websites are intended primarily for use by U.S. consumers. We make no representations or warranties that the information, products or services provided through the Services or the Websites are appropriate for access or use in other jurisdictions.
Recognizing the global nature of the Internet, however, you agree to comply with all local laws including, without limitation, laws about the Internet, data, email, export, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the U.S. and the country in which you reside. Notwithstanding the above, we reserve the right to limit the availability of the Services or the provision of any Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
Your access and use of the Services and Websites must comply with all applicable laws, rules and regulations. Unauthorized access and use of the Services and/or Websites is expressly prohibited. For online customers, access to and use of password protected and/or secure areas of the Websites are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Websites may be subject to prosecution.
Further, failure to comply with all applicable laws can result in state or federal enforcement actions, as well as private lawsuits.
ENDOMINANCE, and its service provider may use your personal information to the extent necessary to authenticate your identity, process your order or request for, and provide, the Services to you, as well as for quality assurance, account and business maintenance, and such other business uses in accordance with applicable law.
By establishing an account with ENDOMINANCE, or submitting your order for or enrolling in any Service, you acknowledge receipt of our Privacy Policy and Ad Targeting Policy, acknowledge that you have reviewed these policies, and agree to be bound by their terms. Your agreement to be bound by this Agreement includes your agreement to be bound by the Privacy Policy and Ad Targeting Policy, subject to the express terms contained in those policies. If you do not agree to the terms of either the Privacy Policy or Ad Targeting Policy, you should cease accessing and using the Services and Websites (including by cancelling your account with ENDOMINANCE). Notwithstanding the immediately preceding sentence, you agree to be bound by the Privacy Policy and Ad Targeting Policy upon submitting information to ENDOMINANCE to submit your order or enroll in any Service, even if you do not ultimately consummate your order or enrollment for a Service.
You must have an email address and provide the same to ENDOMINANCE, and have a Java-compatible browser to receive and/or access your Services online via a mobile application, if applicable. As an online (or mobile application) customer, you are agreeing to receive all notifications via email at the email address on file with ENDOMINANCE. You are obligated to update the email address on file when your email address changes. In the event that ENDOMINANCE is unable to deliver email messages to you, you agree to accept Service notifications in an alternative method, such as direct mail or SMS messages. We strongly encourage you to select SMS messaging as an alternative method of receiving notifications and alerts. You may select this method by accessing your Customer homepage online and changing your Alert Settings. Please note, mobile messaging rates may apply. All service alerts are also accessible online in your Alerts Center of your account.
The Services may offer features and services that are available to you via a Website, such as a mobile applications or mobile website. Standard messaging, data and other fees may be charged by your carrier. By using the mobile features, you agree to be bound by the terms of this Agreement and further agree that we may bill your carrier (if applicable) for any Services you authorize. You may also purchase services via mobile applications of third parties. Any third party mobile application purchases shall be governed by the purchase terms and conditions of the third party from which you are purchasing services. You also agree that we may send communications to your mobile device and collect information from your device, as described in our Privacy Policy and/or Ad Targeting Policy. You also agree that if you opt-in to receive SMS marketing offers, including from or on behalf of ENDOMINANCE, you agree to receive recurring autodialed text messages at the mobile phone number you provide. You can change your communication preferences at any time through the Mobile Center.
In the event that you fail to or otherwise do not update your email address or mobile phone number on file with ENDOMINANCE, and thus ENDOMINANCE is unable to deliver email or SMS messages to you, you nonetheless understand and agree that any paid Service will be fulfilled at the price agreed upon at the time that you placed your order or enrolled in the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND WEBSITES IS AT YOUR SOLE RISK. ALL SERVICES AND WEBSITES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ENDOMINANCE (AND ITS AFFILIATES AND SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES OR GUARANTEES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE SERVICES AND WEBSITES OR OTHER MATERIALS YOU MAY RECEIVE FROM ENDOMINANCE DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. ENDOMINANCE (AND ITS AFFILIATES AND SUPPLIERS) MAKE NO WARRANTY THAT (I) THE SERVICES ARE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE RELIABLE.
If you are using a promotional (or activation) code to obtain a Service, you are restricted to a one-time use of such promotional (or activation) code. Any subsequent, unauthorized use of the promotional (or activation) code will result in immediate termination of any associated Services without notice and in accordance with the termination provision(s) in the section entitled "Use of the Services," found herein.
Please note that if you improperly obtain a Service with a promotional (or activation) code (including via a promotional (or activation) code you obtained that was not intended for your use in the first instance), any credit card number you may have provided to us will also be charged with the fee for the Service that was obtained improperly.
Promotional codes cannot be applied to previously placed orders, and are not transferrable or redeemable for cash or credit, and may not be copied, reproduced, published or distributed in any form without the prior written approval of ENDOMINANCE. If you used a promotional code to obtain a Service for a discounted recurring (e.g. monthly) fee for a limited period of time ("Discount Term"), you will be billed the standard rate for your Service (as provided to you during the enrollment process) on a recurring basis at the expiration of the Discount Term, unless you cancel your Service prior to the end of the Discount Term pursuant to this Agreement.
YOU UNDERSTAND AND AGREE THAT ENDOMINANCE WILL NOT BE LIABLE TO YOU (OR ANY OF YOUR MINOR CHILDREN) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCOUNT(S) WITH ENDOMINANCE, OR ACCESS TO, USE, OR INABILITY TO USE THE SERVICES OR WEBSITES, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY WEBSITE OR LINKED WEBSITE, WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF ENDOMINANCE HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGIONG, YOU AGREE IN ANY EVENT THAT ENDOMINANCE'S TOTAL LIABILITY TO YOU (AND ANY OF YOUR MINOR CHILDREN) FOR ANY OR ALL OF YOUR LOSSES OR INJURIES (OR THOSE OF YOUR MINOR CHILDREN) FROM ENDOMINANCE'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ENDOMINANCE FOR THE SERVICE YOU PURCHASE FROM ENDOMINANCE DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY.
(Applicable for membership based Services purchased through ENDOMINANCE mobile applications using Apple iTunes® or Google Play™)
The following terms and conditions are in addition to the iTunes Store Terms and Conditions or Google Play Terms of Use (where applicable).
I. Delivery of Membership Benefits
In the event that ENDOMINANCE is unable to provide all of the membership benefits or other membership based Services, it will use commercially reasonable efforts to contact you by email or other method. If you wish to cancel the membership due to the benefits not being available, you must contact Apple or Google, as applicable, to request cancellation.
II. Cancellation
You can cancel your membership at any time. If you cancel your membership, the cancellation will become effective immediately. If you would like to cancel your service at any time, you must cancel the service through Apple or Google customer care pursuant to the iTunes Store Terms and Conditions or Google Play Terms of Use, as applicable. In the event that you have difficulty cancelling your membership, you may contact ENDOMINANCE via email at info@Endominance.com, and ENDOMINANCE will use reasonable efforts to assist you in cancelling your membership with Apple or Google, as applicable.
III. No Refunds
WE DO NOT PROVIDE REFUNDS FOR ANY MEMBERSHIP, PRORATED OR OTHERWISE. Apple or Google, as applicable, may offer refunds at their sole discretion.
VI. Contact Us
If you have any issues with this service that you wish to resolve with ENDOMINANCE, please contact ENDOMINANCE via email at info@Endominance.com.
The Services and Websites (including mobile applications), as well as any compilations (including collections, arrangements, and/or assemblies) of the information specific to ENDOMINANCE contained in the Services and/or Websites are the property of ENDOMINANCE and are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights. ENDOMINANCE grants you a fully revocable, limited, non-exclusive, non-transferable license to use the Services, and Websites, according to the terms and conditions contained herein. Except as expressly contemplated by this Agreement, you shall not (a) distribute, publish, transmit or disseminate, in any form or by any means any part of the Services or Websites, (b) allow any third party to access the Services or Websites, (c) sell, sublicense, resell or otherwise transfer any of the Services or Websites, (d) reverse engineer or reverse compile any of the Services or Websites, or technologies used therein, (e) use any robot, spider, deep-linking or other process or tool, whether manual or automatic, to access, monitor, retrieve, data mine, reproduce or circumvent any portion of the Services or Websites, or (f) use the Services or Websites for anything other than your own personal use. You acknowledge and agree that ENDOMINANCE's name, the ENDOMINANCE Logo, Page Headers and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of ENDOMINANCE or its suppliers/affiliates (collectively "Marks"). You agree you will not use any such Marks for any purpose without the appropriate prior written authorization. ENDOMINANCE Marks may not be used in connection with any Service or Websites that are not ENDOMINANCE's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ENDOMINANCE or its affiliates. All other trademarks, product names, or logos not owned by ENDOMINANCE that appear on the Websites are the property of their respective owners. All content included on the Websites, such as text, graphics, logos, button items, icons, images, data compilation, is the property of ENDOMINANCE or its suppliers and is protected by United States and international copyright laws. You further agree that any derivative works, improvements, inventions or works developed by you based upon or relating to the Services or Websites of ENDOMINANCE that involve a breach of these Terms of Use shall be owned by ENDOMINANCE, and you hereby assign and agree to assign to ENDOMINANCE such derivative works, improvements, inventions or works. All software used on this site, and in other Services and Websites, is the property of ENDOMINANCE or its software suppliers and is protected by United States and international copyright laws. Reproduction, preparation of derivative works, and distribution of copies of such content, in whole or in part, is prohibited without prior consent. Some of the products and services included in the Services and/or Websites, including, but not limited to, this website as well as features and services accessible from this website, are covered by one or more of the U.S. Utility and Design Patents.
This Agreement (including the Privacy Policy, the Ad Targeting Policy, other policies ENDOMINANCE may post from time to time and any additional terms which are incorporated by reference herein or hereinafter implemented) constitute the entire Agreement between ENDOMINANCE and you in connection with your account with ENDOMINANCE, or access or use of any Service or Website, and supersede any prior versions of the terms and conditions, if applicable. ENDOMINANCE may update these terms and conditions from time to time. No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. This Agreement is effective until terminated by ENDOMINANCE. In the event of termination or the expiration of your account with ENDOMINANCE or your use of the Services or Websites, the Dispute Resolution by Binding Arbitration , Intellectual Property, Disclaimers, and Limitations of Liability provisions set forth in these terms and conditions, as well as any other terms and conditions that, by their nature, should survive termination, shall survive. In the event of a conflict between this Agreement, or any other notice, policy, disclaimer or other term contained in the Websites or otherwise, this Agreement will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect. ENDOMINANCE may, in its sole discretion and at any time, change its corporate name, logo, Marks and other terms, phrases, graphics, logos, and icons associated with its common law or registered trademarks, service marks, and/or trade dress (collectively, ENDOMINANCE's "Brand"), which will not impact the enforceability of this Agreement. In the event ENDOMINANCE takes any action to change its Brand, ENDOMINANCE will notify you online, via e-mail, mail or through another means reasonably calculated to give you notice of the change in Brand. In all events, any changes to ENDOMINANCE's Brand will be effective immediately, and the terms of this Agreement shall remain unaffected by the change in Brand unless expressly contemplated through express revisions to this Agreement.
This Privacy Policy (the “Policy”) describes the privacy practices of ENDOMINANCE, Inc. (“ENDOMINANCE,” “we,” or “us”). The Policy is intended to explain how we collect, use, and share your information in connection with our websites at http://SumForTeams.com and http://endominance.com (collectively, the “Websites”), our web and mobile applications called, “Sum!“ in android app and “SUMforTeams” in Apple iOS app, and our report management solution called, “COSEC Report Management (the web and mobile Applications “Sum!“ and “SUMforTeams”, the “COSEC Report Management” solution, and, together with the Websites, the “Applications”)” . The Policy covers information collected from those Applications, from our business partners and service providers, and from other sources.
We may also have other privacy policies, set forth separately in writing, specific to certain categories of individuals, such as residents or citizens of certain jurisdictions. Please also refer to our Terms and Conditions regarding use of our Applications.
Upon the consent of users, we may collect some or all of the following types of information:
We collect the types of information described above in three ways: (1) when you provide it to us; (2) when we collect it automatically; and (3) and when we receive it from other sources.
You provide information to us when you register for an account, use our Applications, communicate with us, or otherwise submit or publish your information. For example, when you register for an account, you may provide contact information, account login or verification information, demographic information, financial information. When using the Applications, you may provide demographic information or other information about yourself, including your answers to personality-assessment or other survey questions. You might also provide information when communicating with us (for example, regarding our Applications or when seeking technical support) or linking to us or our Applications on social media or other websites.
We automatically collect internet or other network or device activity information about your interactions with our Applications, emails, and advertisements, even if you are not logged into an account with us. This information may be collected as follows:
We may collect information from other sources, including business partners and service providers with whom we work.
We may use and process the types of information described above to:
We may also use your information for other internal ENDOMINANCE business operations, as permitted by applicable law, and other uses consistent with the context in which the information was collected or with your consent.
We may anonymize or aggregate any of the information we collect and use it for any purpose, including for research and product-development purposes. Such aggregated information will not identify you individually.
We will not sell your information to data brokers or other third parties for money. We may, however, share your information as follows:
If you have an account with us, you can use the Applications’ settings to change most of your personal details. For instance, the settings allow you to:
If you decide to delete your profile, please make sure you first save any information you would like to keep. Please also be aware that, even if you delete your profile, we might still maintain and process certain information about you, such as internet or other network or device activity, which may be necessary to provide our Applications or to ensure their security.
We may process your information in the United States and other locations around the world. The countries in which we process information may not provide the same level of protection for your information as your country. By using our Applications or services or otherwise providing us your information, you acknowledge and understand that your information will be transferred to and processed in the United States and other countries.
We maintain technical and organizational security measures designed to help protect your personal information from unauthorized access, disclosure, alteration, or destruction. Unfortunately, no data transmission or storage system is 100% secure or error free, and we cannot guarantee the security of the information we collect.
We retain your information as long as necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or allowed by law.
Our Applications may contain links to other sites, mobile applications, or third-party services, or plug-ins from social-media platforms or other third parties. Please note that these third-party sites and plug-ins are not operated by us. Therefore, we strongly advise you to review the third parties’ privacy policies. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Our Applications are not intended for anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we will delete such information from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us.
We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at info@endominance.com