ENDOVEDA TERMS AND CONDITIONS OF USE
Last Updated: July 27, 2022
Under applicable law, you may have certain rights that can’t be limited by a contract. These Terms are in no way intended to restrict those rights.
This Endoveda Terms of Service and Conditions of Use Agreement (the “Agreement” or “Terms of Service”) is made between Jack Brown Publishing, LLC d/b/a/ Endoveda (“Endoveda,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of Endoveda owned-and-operated websites and applications (collectively, the “Services”). This includes our Endoveda video streaming services.
NOTICE: Section 8 of this Agreement contains a mandatory ARBITRATION AGREEMENT for certain privacy claims that you or Endoveda could assert. By using our Services and accepting this Agreement, you (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs with respect to such claims.
ACCEPTANCE
By creating an account, viewing videos, making a purchase, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
This Agreement includes our Privacy Policy and Copyright Policy. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.
OUR SERVICES
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to stream videos that you have the right to view, subject to your licensing agreement, and use all related functionality that we may provide.
Features: The features available to you will depend on your licensing agreement. We may change features from time to time.
Downloadable Software: We may offer applications for devices (“Apps”) directly or through third-party stores. Subject to your compliance with these Terms of Service, Endoveda grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps. We may update Apps from time to time to add new features and/or correct bugs. You shall ensure that you are using the most recent version of the App that is compatible with your device. We cannot guarantee that you will be able to use the most recent version of the App on your device.
Enterprise Services: We may offer services pursuant to an individually-negotiated licensing agreement. Enterprise services are governed by each individual licensing agreement, in addition to these Terms of Service.
ACCOUNTS
Registration: You may create an account to use certain features we offer (e.g., live streaming videos). To do so, you must provide an email address. By creating an account, you agree to receive notices from Endoveda at this email address.
Age Requirements: You must be at least 18 years old to create an account or otherwise use our Services. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
Team Members: Certain subscription plans may allow you to grant other users (“team members”) access to the account. Each team member must create an account with their own login credentials. Both you and each team member is deemed a party to this Agreement. You are responsible for the actions of your team members and must monitor their access and usage.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
SUBSCRIPTION PLANS
Plan Types: We offer monthly and annual paid subscriptions that allow you to stream video content. Advertised prices and features may change.
Fees: You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage. We may adjust fees from time to time. We will attempt to notify you in advance of any such fee changes prior to your next billing cycle. If you do not wish to accept a fee change, you may cancel your subscription in accordance with this Agreement or in accordance with your licensing agreement.
Free Trials and Discounts: We may offer free trial or discounted subscriptions. When a free trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal period, you must pay the full fee.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless cancelled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts, in accordance with your licensing agreement.
How to Decline Renewal: Enterprise plan subscribers may opt out according to the terms of their licensing agreement. Any opt-out or notice of non-renewal will not affect the current subscription period. Endoveda may decline renewals.
Resale: You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing. We may suspend or terminate accounts sold via authorized resellers for non-payment to the reseller or any violation of the restrictions set forth in this Agreement.
TERM AND TERMINATION
This Agreement begins when you first use our Services and continues so long as you use our Services or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with your licensing agreement and Section 4 above.
If you breach this Agreement, Endoveda may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; and (b) suspend, delete, or limit access to your account (and other accounts your control). If Endoveda deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 6 (Disclaimers), Section 7 ( Limitation of Liability), Section 8 (Disputes, Arbitration, and Choice of Law), and Section 9 (General Provisions).
DISCLAIMERS
ENDOVEDA PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ENDOVEDA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Endoveda makes no representations or warranties:
Possessing, using, distributing and selling marijuana are all federal crimes and no advice or information contained in the Services or on the Endoveda website is intended to assist you in violating federal law, nor will it in any way assist you in complying with federal law.
The statements provided in the Services or on the Endoveda website have not been evaluated by the Food and Drug Administration (“FDA”). The statements are not intended to diagnose, treat, cure, or prevent any disease. No statements provided in the Services or on the Endoveda website are offering medical advice. Please consult a healthcare professional before using any cannabis product.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ENDOVEDA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ENDOVEDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) ENDOVEDA’S TOTAL LIABILITY TO YOU, EXCEPT FOR ENDOVEDA’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ENDOVEDA OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
8. DISPUTES, ARBITRATION, AND CHOICE OF LAW
If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.
8.1 Choice of Law
Any disputes relating to this Agreement or your use of our Services will be governed by the laws of the State of Louisiana and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The arbitration agreement set forth in Section 8.3 will be governed by the Federal Arbitration Act.
8.2 Choice of Venue for Litigation; Jury Trial Waiver
Except for matters that must be arbitrated (as set forth below), you and Endoveda agree that any action relating to this Agreement or your use of our Services must be commenced in either Louisiana state court or the United States Federal Court for the Middle District of Louisiana; you consent to the exclusive jurisdiction of these courts. IN ANY SUCH ACTION, ENDOVEDA AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
8.3 Arbitration of Privacy Claims; Class Action Waiver
The exclusive means of resolving any Covered Privacy Claim (defined below) shall be BINDING ARBITRATION. The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in Baton Rouge, Louisiana, United States of America. EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY COVERED PRIVACY CLAIM.
Overview: Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and Endoveda are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing. The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Definitions: A “Covered Privacy Claim” means any dispute or claim arising out of or relating to (a) Endoveda’s collection, use, storage, analysis, or transfer of your Personal Information; (b) an alleged breach of our Privacy Policy; (c) an alleged data breach or unauthorized disclosure of data or content; or (d) an allegation that Endoveda failed to comply with any privacy or data security right or obligation. “Personal Information” means any information about you, including your registration information (e.g., email address), payment information, location information, device information, biometric identifiers or information, IP address, and your activities (including viewing and search history).
Small Claims Court Exception: Notwithstanding the above, each party has the right to bring an individual Covered Privacy Claim against the other in a small claims court of competent jurisdiction pursuant to Rule 1 of JAMS’ Minimum Consumer Standards. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.
9. GENERAL PROVISIONS
Reservation of Rights, Severability: Endoveda reserves all rights not expressly granted herein. Endoveda’s rights and remedies are cumulative. No failure or delay by Endoveda in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.
Force Majeure: Endoveda will not be liabile for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within Endoveda’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, Endoveda shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.
Relationship: You and Endoveda are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by Endoveda or who is prohibited from registering; any such assignment will be void. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of Endoveda. If you have a signed licensing agreement with Endoveda, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
Notices: You must send any notices of a legal nature to us by email to legal@endoveda.com or at:
Jack Brown Publishing, LLC
Attention: Legal Department
804 Main Street
Baton Rouge, LA 70802