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TERMS OF SALE

Effective Date: July 31, 2018

These Terms of Sale apply to your purchase and use of products and services from Endeavor Life Sciences, LLC (Endeavor) in the United States.

BEFORE YOU CLICK ON THE “COMPLETE ORDER” BUTTON, BEFORE YOU AGREE TO PURCHASE PRODUCTS OR SERVICES, OR BEFORE YOU OTHERWISE INDICATE ACCEPTANCE OF THESE TERMS OF SALE, CAREFULLY READ THE TERMS BELOW. BY CLICKING ON THE “COMPLETE ORDER” BUTTON OR BY ORDERING OR USING ANY OF OUR PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS OF SALE AS THE “BUYER.” 

With these Terms of Sale, other important legal terms are set out on the Everence website (the “Website”), including the Terms of Use and Privacy Policy (collectively, “Endeavor Terms”). All terms and conditions of the Endeavor Terms are incorporated in this Terms of Sale by reference.

  1. Changes

We reserve the right to change the Terms of Sale and Endeavor Terms at any time. Any changes to the Terms of Sale or Endeavor Terms will be effective for all new orders placed after the change is posted on the Website.

  1. Product Availability

Thank you for your order of our Everence product.  You acknowledge and agree that once you click “COMPLETE ORDER” your order is non-cancellable. We anticipate delivery of the Collection Kit within 7 business days of confirmation of receipt of your order.  Once we receive a completed Collection Kit, we expect to ship the Everence product within 45 days of our email confirmation to you of receipt of the Collection Kit.   

  1. Application of Your Everence

Once you receive your Everence from Endeavor, at the time of your choosing, a licensed tattoo artist of choice may incorporate your Everence into a new or existing tattoo by following our written instructions regarding mixing the product with tattoo ink. The licensed tattoo artist may also apply the Everence using a clear carrier solution. You acknowledge that, while we provide written instructions regarding the tattoo process with the product and on our Website, we are not responsible for the proper application of the Everence product by a licensed tattoo artist. Please ensure that you provide the tattoo artist with our written product instructions prior to application.

  1. Shipping and Delivery

Endeavor strives for best-in-class logistics services, through our own personnel and our 3rd party partners of choosing, when shipping your Collection Kit, receiving your sample and shipping your Everence to you. However, we are not responsible for any lost or damaged items during the shipping process. If such loss or damage occurs, we commit to working with you in good faith to try to find an acceptable solution. Shipping times are estimated, not guaranteed.

Incorrect Delivery Address: Because we are shipping to the address that you provide to us, it is essential that you provide a complete and correct address. We may charge you any extra shipping costs needed to offset the expenses incurred by multiple deliveries and re-routing due to an incorrect address.

Shipping Terms: If the Collection Kit or Everence product is lost or damaged in transit, please let us know within 24 hours of your receipt of a damaged product or knowledge of a lost product so that we can contact our shipping partners.

  1. Descriptions of Products and Services

Please note that the products, services, descriptions, and other information displayed on the Website or any other Endeavor marketing materials may be modified at any time without prior notice. We do not warrant that any product or service description, or other specifications on the Website or in any other marketing materials will be accurate, complete, current or without error at all times. If there is any error in the products, services, descriptions, and other information provided to you on the Website or in any other marketing materials, we will try to resolve this error as soon as is reasonably possible.  We reserve the right to amend errors or to update product information at any time without prior notice. In the event a product or service is listed at an incorrect price or has an incorrect description, we reserve the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. We shall have such right whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the incorrect price.

  1. Returns and Refunds

Your Everence is a product specifically made for you, and therefore, we cannot accept returns or provide refunds once your Everence is created. If you find that your Everence is defective, please contact our Customer Service Department to discuss a solution.  You can return the unopened Everence Collection Kit for free within 30 days for a full refund.

  1. Limitation of Liability

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ENDEAVOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ENDEAVOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM THESE TERMS OF SALE OR THE PURCHASE OR USE OF OUR PRODUCTS OR SERVICES.  TO THE EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL ENDEAVOR’S LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH ANY PRODUCT OR SERVICE EXCEED THE PURCHASE PRICE OF THE PRODUCT PAID BY YOU. THESE LIMITATIONS WILL APPLY WHETHER THE LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, UNDER STATUTE OR OTHERWISE. Any legal proceedings against Endeavor relating to these Terms of Sale shall be filed within one (1) year after shipment of the Everence product to you. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states, liability is limited to the fullest extent permitted by law.

  1. Disclaimer of Warranties and Release

EXCEPT TO THE EXTENT THAT WARRANTIES ARE REQUIRED BY LAW, THE PRODUCTS ARE PROVIDED “AS IS”, WITH ALL FAULTS. ENDEAVOR EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY PATENTS, OR FITNESS FOR A PARTICULAR PURPOSE.

  1. Legal Notice to New Jersey Residents

No provision in these Terms of Sale shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Endeavor’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) Endeavor’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). With respect to these Terms of Use, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. 

  1. Indemnification

You alone are responsible for the manner in which you use our products and services. You shall defend, indemnify and hold harmless Endeavor and its officers, directors, shareholders, employees, and agents, contractors, successors, and assigns (“Indemnitees”) from any liabilities, damages, losses, expenses, costs and attorneys’ fees arising from your use of the products or services not expressly in accordance with these Terms of Sale or such other instructions provided by us or from any claim or suit made against the Indemnitees as a result of such conflicting use. 

  1. Choice of Law 

The Terms of Sale shall be governed by and construed in accordance with the laws of the State of Delaware, in the United States of America, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these Terms of Sale shall be filed only in the state or federal courts located in New Castle County, Delaware, U.S.A., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

  1. How to Contact Us

If you have any feedback, comments, questions, requests and other communications regarding sales, please contact our Customer Service Department at hello@everence.life.

All Service design, graphics, text selections, arrangements, and all software are Copyright© 2018 Endeavor Life Sciences.

 

 

TERMS OF USE

Effective Date: July 31, 2018

These terms and conditions of use (the “Terms of Use” or “Terms”) govern and apply to anyone accessing or using the Endeavor Life Sciences, LLC website located at www.everence.life and any associated mobile sites or applications, products, software and other services (collectively, the “Service” or “Services”). These Terms apply to any use of the Services, including but not limited to ordering or otherwise purchasing the Everence product, submitting a hair, cremains, or saliva sample for inclusion in a personalized Everence product, and interacting with the Company regarding any questions you might have regarding the product.

The Services are owned and operated by Endeavor Life Sciences, LLC and its subsidiaries and affiliates (collectively, “Endeavor,” “we,” “us,” “our,” or the “Company”). While using the Services, please be aware that your access to and use of the various information, documents and services offered by Endeavor (the “Materials”) are subject to these Terms of Use. Your use the Services is expressly conditioned on your compliance with and acceptance of the following Terms of Use.

If you choose to continue to use or access the Services after having the opportunity to read the Terms of Use, you recognize that Endeavor has provided valuable consideration by offering these Services free of charge, and in exchange for that valuable consideration, you agree to these Terms of Use and our Privacy Policy which is incorporated by reference. If you do not agree with any part of these Terms of Use or Privacy Policy, please do not use the Services.

Endeavor reserves the right to modify these Terms of Use at any time without notice, and such changes shall be deemed effective immediately upon posting of the modified Terms of Use. Your continued use of the Services following the posting of changes to same will indicate your acceptance those changes.

THE SERVICES ARE NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE OR ACCESS THE SERVICES; HOWEVER, YOUR PARENT OR LEGAL GUARDIAN MAY ACCESS AND USE OUR SERVICES ON YOUR BEHALF.   If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms of Use with your parent or legal guardian and that you and your parent or guardian understand and consent to these Terms of Use. Whether you submit your own sample or a sample for anyone for whom you have legal authority to agree, you may not use the Services and may not accept the Terms if (1) you are not of legal age to form a binding contract with Endeavor, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.

 

  1. User Representations

By accessing the Services, you agree to, acknowledge, and represent as follows:

  • You give permission to Endeavor, its contractors, successors and assignees to process the sample you submit and incorporate your sample into the number of medical grade polymer microspheres needed to produce your specific Everence, using the Company’s patented technology. Once you receive your Everence from Endeavor, at the time of your choosing a licensed tattoo artist may incorporate the Everence into a new or existing tattoo by following our written instructions for mixing the product with tattoo ink. The licensed tattoo artist may also apply the Everence using a clear carrier solution. You acknowledge that, while we provide written instructions regarding the tattoo process with the product and on our website, we are not responsible for the incorporation or application of the Everence product by a licensed tattoo artist.  You will provide the licensed tattoo artist our written instructions prior to incorporation and application of the Everence. 
  • Whether you submit your own sample or a sample for anyone for whom you have legal authority to agree, such as your minor child, you must be eighteen (18) years of age or older to agree to these Terms on behalf of yourself or those for whom you have legal authority to agree.
  • You are eighteen (18) years of age or older if you are providing your own sample.
  • If you are agreeing to these Terms of Use on behalf of a person for whom you are the parent or legal guardian or from whom you have gained informed consent regarding the sample and its intended use, you are confirming that the sample provided will be the sample of that person.
  • You understand that all of your Personal Information (as defined in our Privacy Policy) will be stored in Endeavor databases and will be processed in accordance with our Privacy Policy.

 

You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations Endeavor has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Endeavor and its affiliates against any liability, costs, or damages arising out of the breach of the representation. If you reside outside of the United States and provide a sample, you confirm that this submission is not subject to any export ban or restriction in the country in which you reside. You also agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide the representations in these Terms and you explicitly waive any laws or regulations relating to DNA testing and storage from the state or jurisdiction in which you reside.

  1. Account Creation, Security and Information

In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete account registration information about yourself as prompted by the Service; and (b) maintain and promptly update such registration information to keep it true, accurate, current, and complete. Your account information will be used for all tracking of your Everence order, and will be a key component of successful delivery and any customer service you require. If you provide any registration information that is untrue, inaccurate, not current, or incomplete, or if Endeavor has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Endeavor has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Services are for use only in the country to which your sample collection kit was shipped from Endeavor.

 

After you have purchased our Services, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access Endeavor’s Services through your username and password, you will defend and indemnify Endeavor and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Endeavor of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Endeavor cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

  1. Ownership and Copyright

Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Services and Materials existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, sound, illustrations, animations, databases, logos, domain names, trade names and trade identities (collectively referred to as the “Content”), are the property of Endeavor, its parents, subsidiaries, affiliates and/or licensors.  All elements of the Services, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which they are being made available.

Images of people or places displayed on the Services are either the property of, or used with permission by, Endeavor. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

A single copy of the Materials may be downloaded or otherwise copied from the Service for non-commercial personal use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission or distribution of any part of the Services in any way is prohibited. Except as provided herein, no license or right, express or implied, is granted to any person under any intellectual property right. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available through the Services.  Modification of the Materials or use of the Materials for any other purpose is a violation of Endeavor's copyright and other proprietary rights. Endeavor neither warrants nor represents that your use of Materials will not infringe the rights of third parties not owned by or affiliated with Endeavor.

  1. Use of Services

The Services and Materials may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written permission of Endeavor, except as provided herein. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited. You are prohibited from posting to or transmitting from the Services any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, publicity and privacy. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of any of the Services, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of Endeavor. You agree you will not interfere or attempt to interfere with or damage, impair or disable the operation of the Services, by any means, including but not limited to providing links to third party sites or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code. You may also not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not make any unsolicited offers, request, advertisements, or spam.  

You represent, warrant and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Services.

  1. Accuracy of Information

We attempt to ensure that information provided through the Services is complete, accurate and current. Except as prohibited by applicable New Jersey law, we make no representation as to the completeness, accuracy or currency of any information provided through the Services and in the Materials. Endeavor shall not be responsible for any errors or omissions in the Materials.  We reserve the right to amend errors or to update product information at any time without prior notice. In the event a product or service is listed at an incorrect price or has an incorrect description, we reserve the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. We shall have such right whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the incorrect price.

  1. Proprietary Rights

Your sample (or the sample you provide of a third party for whom you are the parent or legal guardian or have received informed consent regarding the sample and its intended use), once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. You understand that you should not expect any financial benefit from Endeavor as a result of submitting a sample.

 

Endeavor does not claim ownership of any User Content (as defined in our Privacy Policy) that you provide to Endeavor (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give Endeavor, its affiliated companies, sublicensees, and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for Endeavor to make such User Content available to other companies, organizations, or individuals with whom Endeavor has relationships, and to use such User Content in connection with the provision of those services. 

  1. Links

The Services may contain hyperlinks or other connection devices, which will allow you to use the Services and access other websites. Endeavor is not responsible and assumes no responsibility for the contents of any non-Endeavor linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. The Internet websites to which links are provided through the Services are not under the control of Endeavor. Access to any other Internet websites linked to the website is at the user's own risk.

In addition, the existence of a link between the Services and any other Internet website is not and shall not be understood to be an endorsement by Endeavor of any material, substance, information or the owner or proprietor of the linked Internet website, and such link shall not imply nor create any relationship nor endorsement between Endeavor and the owner or proprietor of such linked website.

  1. Privacy

Endeavor is committed to ensuring the privacy of its customers. Your use of our Services is subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal information and other information about you will be handled. By accepting these Terms of Use you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes. If you do not agree to these Terms of Use, please do not use the Services.

  1. Limitation of Liability

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ENDEAVOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ENDEAVOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

  1. Disclaimer of Warranties and Release

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, ENDEAVOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) ENDEAVOR MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENDEAVOR OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. ENDEAVOR DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, ENDEAVOR SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN OR USE OF THE SERVICES.

  1. Release

In the event that you have a dispute with one or more other users of the Services, you release the Endeavor Parties  (as defined below) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

  1. Indemnification

You agree to indemnify, defend and hold harmless Endeavor, its officers, directors, shareholders, employees, agents, contractors, successors, and assigns (collectively, “Endeavor Parties”) from and against all demands, liabilities, judgments, fines, interest, penalties, damages, losses, costs, claims or expenses (including, without limitation, attorneys’ fees and fees of other professional advisers) resulting from (i) your online conduct and use of the Services and Materials; (ii) your violation, breach or alleged breach of these Terms of Use; (iii) your failure to comply with any applicable laws or regulations; (iv) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, including without limitation, copyright and trademark infringement, obscene or indecent postings, and online defamation; or (v) any of your dealings or transactions with other persons resulting from use of the Services. You will be required to completely and fully indemnify Endeavor for its losses.

If you have submitted a sample (either your own or that of someone for whom you are the parent or legal guardian or from whom you have obtained informed consent), you will defend and hold harmless the Endeavor Parties from any liability arising out of the use or disclosure of any information obtained from the processing of such sample.

  1. Legal Notice to New Jersey Residents

No provision in these Terms of Use shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Endeavor’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) Endeavor’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). With respect to these Terms of Use, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. 

  1. Jurisdiction and General Terms

The Services are intended for use in and by citizens and domiciliaries of the United States of America only. The Materials may contain information about products which may not be available in other countries or may be available under different trademarks in different countries, subject to different indications or restrictions of use. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, in the United States of America, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in New Castle County, Delaware, U.S.A., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

You or we may suspend or terminate your account or your use of the Services at any time, for any reason or for no reason. Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Services are incorporated by this reference into these Terms of Use.

Your use of the Services is independent of Endeavor and not as an employee, agent, partner, or joint-venturer with Endeavor for any purpose.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

  1. Changes to the Terms of Use

Endeavor may make changes to the Terms from time to time. When these changes are made, Endeavor will make a new copy of the Terms available on its website and any new additional terms will be made available to you from within, or through, the affected Services.

 

You acknowledge and agree that if you use the Services after the date on which the Terms have changed, Endeavor will treat your use as acceptance of the updated Terms.

  1. Entire Agreement

The Terms of Use (which include our Privacy Policy and Terms of Sale and any other policy or content incorporated in the Services) constitute the entire agreement between you and Endeavor and supersedes any prior understandings or agreements (written or oral). If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to contact us at hello@everence.life.

 

All Service design, graphics, text selections, arrangements, and all software are Copyright© 2018 Endeavor Life Sciences, LLC.

 

 

PRIVACY POLICY

Effective Date: July 31, 2018

This privacy policy (the “Privacy Policy”) describes how Endeavor Life Sciences, LLC, and its subsidiaries (“Endeavor,” “we” or “us”) collects, uses, stores, processes, and transfers Personal Information when operating the Everence Life Sciences website located at www.everence.life and any associated mobile sites or applications, products, software and other services (collectively, the “Service” or “Services”).

This Privacy Policy is incorporated into, and is subject to, the Terms of Use. By using the Services, you accept and consent to the practices described in the Privacy Policy and Terms of Use.  If you do not agree to the Terms of Use or this Privacy Policy, please do not use the Services.

  1. Definitions
  • Ads has the meaning set forth in Section 8 of this Privacy Policy.
  • Aggregate Information: information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.
  • Anonymized Information: information that has been stripped of your Registration Information (e.g., your name and contact information) and other identifying data such that you cannot reasonably be identified as an individual.
  • Features has the meaning set forth in Section 2 of this Privacy Policy.
  • Personal Information: information that can be used to identify you, either alone or in combination with other information. Endeavor collects and stores the following types of Personal Information:
    • Registration Information: information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
    • User Content: all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials generated by users of Endeavor Services and transmitted, whether publicly or privately, to or through Endeavor.
    • Web Behavior Information: information on how you use the website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
  1. What Types of Information Do We Collect?

Information You Provide Directly to Us.

Registration Information.  When you register an account with us or purchase our Services, we collect Personal Information, such as your name, date of birth, billing and shipping address, payment information (e.g., credit card) and contact information such as your email and phone number and license number.

User Content. Some of our Services may allow you to create and post or upload User Content.

Social Media Features and Widgets. Our website may include social media features, such as the Facebook Like or Share button and Widgets ("Features"). These Features may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the Feature to function properly. They may also allow third-party social media services to provide us information about you, including your name, email address, and other contact information. The data we receive is dependent upon your privacy settings with the social network. Features are either hosted by a third party or hosted directly on our site. Your interactions with these Features are governed by the privacy statement of the company providing it. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Service.

Information Provided Through our DNA Collection and Processing Service

DNA saliva sample. To use our DNA Collection and Processing Services, you must purchase, or receive as a gift, an Everence DNA Collection kit and related saliva collection device, register an online account, and ship your saliva sample to our facility for processing. Once received, your saliva sample will be processed and identified by a unique customer identifier. The customer identifier allows us to preserve your anonymity throughout our production process while ensuring the accuracy of our receiving, processing and delivery of your Everence. Your saliva samples will be kept by us (or on our behalf by third parties with whom we contract) only for verification purposes until we confirm delivery of your Everence.   We will destroy saliva samples   within 30 days after confirming delivery. We do not use or keep your genetic information or saliva samples for research purposes.

Non-Personal Information.

Endeavor also gathers non-personal information from users. Non-personal information is information that usually cannot by itself be used to identify a particular person or entity, and may include: Internet Protocol (IP) address, unique device identifiers, anonymous IDs for advertising, operating system, mobile network information, browser type, existing applications, and browsing activity.

  1. How Do We Use Information?

Subject to the restrictions described in this Privacy Policy and applicable law, we may use Personal Information for any reasonable purpose related to Endeavor’s businesses, including to open your account, enable purchases and process payments, respond to your contact inquiries, provide you with Services you have requested (including processing and delivery of your saliva sample and product) and/or customer support, conduct analytics to improve and enhance our Services, and communicate with you about products or services that may be of interest to you.

We analyze non-personal information to help us determine how users access the Services and who our users are. We may use non-personal information to make our Services more interesting and useful to you; for analyzing and improving the value of the material available through our Services; to increase the effectiveness of the products we will offer to you in the future; and to help our partners and service providers, or our website design teams to create, serve, and track promotions our customers might like.

We operate our own facilities to process your saliva sample. Therefore, your saliva sample and accompanying Personal Information are not shared with third parties for the purposes of such processing. When you purchase (or receive as a gift) a DNA Collection Kit from Endeavor, you are instructed to send a saliva sample to our facility with a unique customer identifier label. The unique customer identifier allows us to preserve your anonymity throughout our production process while ensuring the accuracy of our receiving, production and delivery of your Everence. The receiving personnel at our facility will remove and destroy your “sender information” from the packaging (e.g., name, address) before production or other personnel receive the samples for processing. Receiving personnel do not perform production activities, and production personnel handle saliva samples that are labeled only with the unique customer identifier. Your saliva samples will be kept by us (or on our behalf by third parties with whom we contract) only to verify and confirm delivery of your Everence.  We will destroy your saliva samples within 30 days after confirming delivery of your Everence. 

  1. How Do We Share Information?

We will only share your Personal Information as described in this Privacy Policy. We do not sell your Personal Information to third parties. We may, however, disclose the Personal Information we collect from you in limited circumstances, including: 

  • We may disclose to our suppliers and contractors who process your Personal Information to provide services to us or you including, without limitation, credit card processing; market research; fraud protection; data analysis; email management; and customer service. In some instances, these contractors may have access to Personal Information, but they are contractually obligated to maintain the confidentiality of the information and to use it only for purposes of carrying out the business of Endeavor.
  • We may disclose to any law enforcement agency, court, regulator, government authority or other third party where we believe this is necessary to comply with a legal or regulatory obligation, in order to enforce our Terms of Use, or otherwise to protect our rights/property or the rights/property of any third party, including to enforce our terms and conditions or to prevent fraud or cybercrime.
  • We may disclose to any third party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your Personal Information uses it in a manner that is consistent with this Privacy Policy.
  • We may disclose with your knowledge and consent.

 

We may share non-personal information, such as Aggregate Information and Anonymized Information, with third parties, including but not limited to advisors, advertisers, analytics providers, and investors, for the purpose of conducting our business. Endeavor uses Google Analytics to track aggregated visitor data, which does not include any Personal Information. We reserve the right to disclose to third parties non-personal information collected for any lawful purpose.

  1. Your Choices

If your Registration Information changes, you may access, correct or update most of it from your Account Settings page. You may also modify and delete certain of the information you have provided to us.

By registering for an account, you are agreeing that we may send you promotional emails about our Services. You can opt-out of receiving certain messages or notifications from us by visiting your Account page (go to Account, Settings, Notifications) or by contacting our Privacy Administrator at privacy@evernece.life. You can also click the "unsubscribe" button at the bottom of promotional email communications. Please note that you may not opt-out of receiving non-promotional messages regarding your account, such as technical notices, purchase confirmations, or Service-related emails.

  1. Security

Endeavor cares about the security and confidentiality of the information you provide to us. We maintain commercially reasonable administrative, technical and physical security measures to attempt to protect against the loss, misuse, unauthorized access, modification, or disclosure of information you submit to us that is under our control. Our payment processor is certified Level 1 PCI DSS compliant. However, no website is completely secure or “hacker proof”; we cannot guarantee and we do not warrant that loss, misuse, or alteration of data will not occur, and we are not responsible for the theft, destruction, or inadvertent disclosure of your Personal Information. You are also responsible for taking reasonable steps to protect your Personal Information against unauthorized disclosure or misuse.

  1. Children

We do not knowingly collect or store Personal Information from anyone under the age of 13 unless or except as permitted by law. ANY PERSON WHO USES ANY OF THE SERVICES REPRESENTS TO US THAT HE OR SHE IS 13 YEARS OF AGE OR OLDER. If we are made aware that we have received Personal Information from someone under 13, we will use reasonable efforts to remove that information from our records. However, a parent or guardian may collect a saliva sample from his or her child. The parent or guardian assumes full responsibility for ensuring that the information that he/she provides to Endeavor about his or her child is kept secure and that the information submitted is accurate.

  1. Cookies and Do Not Track

Endeavor uses cookies and similar technologies to collect non-Personal Information for the purposes outlined in this Privacy Policy. A cookie is a small data file that our server sends to your browser when you visit the website. The use of cookies helps us to assist your use of certain aspects of the website. Most Internet browsers allow you to disable, turn the cookie feature off, or reject cookies entirely by changing the settings. Changing these settings, however, may affect your ability to use certain features and functions of the website. Please note that by visiting the website you are consenting to the use of cookies. 

We permit third-party advertising networks and providers to collect Anonymized Information such as anonymized web behavior information on our Service to help us to deliver targeted online advertisements ("ads") to you. They use cookies and similar technologies (such as JavaScript, beacons, device identifiers, location data, and clear gifs) to compile information about your browser's or device's visits and usage patterns on our Services and on other websites over time, which helps to better personalize ads to match your interests, and to measure the effectiveness of ad campaigns.

If you do not wish to have this information used for the purpose of serving you targeted ads, you may be able to opt-out of many advertising networks by visiting the TRUSTe Advertising Choices or National Advertising Initiative websites. Please note this does not mean that you have opted-out of being served advertising. You will continue to receive generic ads.

At this time, we do not track our users’ Personal Information over time and across third-party websites.  We therefore do not respond to browser Do Not Track signals.

  1. Privacy Policy Changes

We may, in our sole discretion, change this Privacy Policy from time to time. Any and all changes to this Privacy Policy will be reflected here and the date new versions are posted will be stated at the top of this Privacy Policy. Whenever this Privacy Policy is changed in a material way, a notice will be posted as part of this Privacy Policy and on our customers' account login pages for 30 days. After 30 days the changes will become effective. In addition, all customers will receive an email with notification of the changes prior to the change becoming effective. If you do not agree with this Privacy Policy, please do not use or access the Services, and if you do not agree to any changes we make in the future, you must end your use of the Services.

  1. Links to Third Party Websites

Our Services may contain links to other third-party websites. This Privacy Policy does not apply to the practices of other websites, and Endeavor is not responsible for the actions and privacy policies of third parties. We encourage you to be aware of when you leave our Service and to read the privacy policies of each website that you visit.

  1. How Does This Policy Apply Outside Of The U.S.?

Please be advised that Endeavor may transfer Personal Information it collects outside your country of domicile to jurisdictions where data protection and privacy laws may be less stringent than the laws of your country. BY USING OUR SERVICES, YOU CONSENT TO THE TRANSFER AND USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.

  1. California Privacy Rights

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to privacy@everence.life.

  1. Contact Us

If you have any questions about our Privacy Policy, Endeavor’s privacy practices, or any disclosure of Personal Information to third parties for direct marketing purposes, or if you wish to request access to and receive information about the Personal Information we have received from and share about you (noting that your rights to access Personal Information may be limited in some circumstances), you can contact us via the information below.

privacy@everence.life

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