POSTED: May 19, 2020
LAST UPDATED: December 20, 2020
Welcome to www.myendorser.com, a website designed to provide you information and access to the event financing services provided by Endorser, Inc. (“We”, “Us” or “Endorser”), and all associated mobile device applications, and other elements thereof, and all code incorporated therein (collectively, the “Endorser Site”), including all services, features, content, promotions and other offerings (collectively, the “Endorser Services”) of Endorser.
Acknowledgment and Acceptance of Terms
Please read these Terms carefully. Endorser reserves the right, in its sole discretion, to modify or change these Terms at any time without prior notice to you. We may amend these Terms at any time by posting a revised version on the Endorser Site, which will be effective at the time of posting. You are responsible for reviewing these Terms regularly and your continued access to and use of the Endorser Services constitutes your consent to such amendments. These Terms will remain in effect after you stop using the Endorser Site and Endorser Services. If you do not accept these Terms, please do not access and use the Endorser Site and Endorser Services.
Eligibility to Use the Endorser Site and Services
The Endorser Site and the Endorser Services are for use by commercial entities only. Individual consumers are not eligible to use the Endorser Site and Endorser Services. Endorser does not sell or offer products for children. If you are under 18, you may not use this site. To be eligible to access and use the Endorser Site and Endorser Services, you must meet the following criteria and represent and warrant that you: (i) are acting on behalf of a corporation, limited liability company, partnership, or a similar commercial entity; (ii) are age 18 or over; (iii) are not currently prohibited from accessing or using the Endorser Site or Endorser Services; (iv) have full power and authority to enter into these Terms on behalf of the commercial entity and doing so will not violate any other agreement to which you are a party; (v) will not violate any rights of Endorser including, without limitation, intellectual property rights such as copyright or trademark rights; (vi) will not use the Endorser Services for any consumer purpose; and (vii) agree to provide at your own cost all equipment, software, and Internet and mobile service necessary to access and use the Endorser Site and Endorser Services.
You may access the Endorser Site as a visitor without registering with the Endorser Site (“Visitor”). Visitors may view certain public sections of the Endorser Site.
If you are a representative of a commercial entity who complies with the eligibility criteria described above and who has authority to legally bind such entity, you may register with the Endorser Site to become a registered user on behalf of the entity (“User”) to access an existing account, or to submit an online application to obtain accounts receivable funding. When you register, you create an account that is associated with your username, password, and other identifying information (“Endorser Account”). Once approved, designated authorized users at your company may access your Endorser Account using a unique user name and password. It is your responsibility to notify Endorser of any access changes or terminations.
By registering with the Endorser Site, you agree to provide true, accurate, current, and complete information as prompted by the registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Endorser may reject your registration, terminate your right to access and use the Endorser Site and Endorser Services, and take any and all other actions Endorser considers appropriate including, without limitation, contacting law enforcement or applicable regulatory agencies.
Termination of Endorser Account, Site, and/or Services
You or Endorser may at any time, for any or no reason, terminate your Endorser Account and your right to access and use the Endorser Site and Endorser Services upon written notice; however, these Terms shall remain in effect after termination of your Endorser Account for any reason.
Notices from a User to Endorser should be communicated by an authorized representative in writing by hand-delivery, national overnight delivery service, or electronic transmission established by Endorser.
Accessing Your Account
You agree to: (i) keep your username and password secure and confidential; (ii) not permit others to use your Endorser Account; (iii) refrain from using other Users’ Endorser Accounts; (iv) refrain from selling, trading, or otherwise transferring your Endorser Account to another party; (v) refrain from charging anyone for access to any portion of the Endorser Site or the Endorser Services. You agree to accept responsibility for all activities that occur under your account or password.
We have taken reasonable steps to secure your information, but Endorser cannot prevent interception of or unauthorized access to your information. You are responsible to maintain the security and confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE. To maximize security of your password, you should choose your password carefully and you should avoid using something that someone may guess easily. It is also advised that you change your password frequently.
Endorser will NEVER ask you for your password. If you believe your password has been compromised or someone has made an unauthorized transaction on your account, change your password immediately and contact Endorser.
Execution of Instructions
Login IDs and Passwords are under the control of the individual or individuals that you have authorized and designated to act on behalf of your company. The Endorser online system has been designed so that it may be operated only upon entry of a valid user name and password combination. Endorser will therefore consider any access to the online system through use of valid user names and passwords to be duly authorized, and Endorser will carry out any instruction given regardless of the identity of the individual who is actually accessing the system through your Endorser Account. You authorize Endorser to treat any instruction made on the Endorser online system with valid user names and passwords as if the instructions had been made in writing and signed by the appropriate authorized individual or individuals. Endorser records regarding access by user names and passwords will be conclusive regarding any access to, or action taken through the Endorser Online system. You accept responsibility for unauthorized access to the system by your employees, agents, representatives, associates, and/ or by your associated third parties, when made using login credentials assigned to you and your company and affiliates.
Security and Identity Authentication
You authorize Endorser, directly or through third parties, to make any inquiries we consider necessary to confirm your identity. This may include asking you for further information (but not your password), requiring you to provide a taxpayer identification number, geo-location and/or other identifying information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying the information you submit to us against third-party databases or through other sources. You acknowledge that some of these sources may include methods that are implemented without your knowledge, and some sources may include methods that are performed as you use the Endorser Site or Endorser Services, such as the use of anti-virus and/or anti-fraud scanning technology.
Endorser reserves the right to monitor all network traffic to the Endorser Site to identify and, as determined by Endorser, block unauthorized attempts or intrusions to upload or change information or cause any damage to the Endorser Site or Endorser Services in any manner. Anyone accessing the Endorser Site or Endorser Services consents to such monitoring.
Ownership of Materials and Restrictions on Use
The Endorser Site includes data, design, text, software, audio, images, photographs, graphics, video, messages, files, software or other materials (collectively, the “Endorser Site Content”). The Endorser Site Content may include certain materials that may be owned by third parties or may comprise User Data and Content, as described below in the section entitled “User Data and Content.” The Endorser Site Content may be subject to terms and conditions in addition to these Terms (“Third Party Terms”).
The Endorser Site Content is presented solely for the purpose of providing the Endorser Services. Endorser is the sole interpreter of the Endorser Site’s intended and acceptable use and purpose. The Endorser Site may be reproduced or transmitted only as provided in these Terms or with the express written consent of Endorser.
Endorser grants permitted Users a revocable, non-transferable, non-exclusive license, with no right to sublicense, to access and view, display, print (in the case of text and graphics) and listen to on the Endorser Site Content for the permitted uses and purposes described herein, subject to the following conditions and the specific software license provided below:
(a) You may not modify, reproduce, publish, distribute, or create derivative works from or of Endorser Site Content or Endorser Services.
(b) You may not remove from the Endorser Site Content any copyright, trademark, and other proprietary notices.
(c) You may not decompile, reverse engineer, or disassemble software code or software materials.
(d) You must comply with all additional terms and conditions, including, without limitation, Third Party Terms that apply to the Endorser Site Content.
Nothing contained on the Endorser Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Endorser Site or any Endorser Site Content made available on the Endorser Site, through the use of framing, “deep linking,” use of a “robot,” “bot,” “spider”, “data mining” or similar automated method, or otherwise, except: (i) as expressly permitted by these Terms; or (ii) with the prior written permission of Endorser or such third party that may own the trademark or copyright of the relevant material displayed on the Endorser Site. This restriction does not apply to robots, bots, spiders or other similar automated methods to index the public content of the Endorser Site for use in connection with leading search engines and Internet directories.
You may not use the Endorser Site or Endorser Services to:
(a) violate any law or engage in transactions that involve any illegal activity or the planning of any illegal activity;
(b) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
(c) interfere with, disrupt or attempt to gain unauthorized access to other accounts on the Endorser Site or any other computer network;
(d) disseminate or transmit viruses, worms, Trojan horses, or any other malicious or invasive code or program; or
(e) engage in any other activity deemed by Endorser to be in conflict with the spirit or intent of the Endorser Site or Endorser Services.
User Data and Content
Each User is solely responsible for all data, text, software, audio, images, photographs, graphics, video, messages, files, or other materials that are transmitted, posted, processed, distributed, or otherwise made available by such User on or in connection with the Endorser Site (“User Data and Content”). Some of our services require you to upload, submit, send and store User Data and Content. When you upload, submit, store, or send content to us, you hereby grant Endorser a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute and display the User Data and Content in any manner and for any purpose. You represent and warrant that you have sufficient rights in the User Data and Content to grant such license and make such submission.
You agree to submit User Data and Content for only those purposes permitted by Endorser and not to infringe in any way or violate any copyright, intellectual property right of any third party or violate any law.
You also agree that you are not permitted to submit or otherwise transmit any User Data and Content that contains a virus or other harmful code or device. You may not use the Endorser Site to transmit or otherwise facilitate the transmission of spam or other multiple mailings.
Endorser Site Content
You acknowledge that Endorser is not responsible for User Data and Content submitted to the Endorser Site by Users. Although Endorser does not review, monitor or edit the User Data and Content, Endorser and its designees reserve the right at their sole discretion, but are not obligated, to refuse or remove any User Data and Content, in whole or part, for any reason. Endorser is not responsible for any removal of User Data and Content or failure or delay in removing User Data and Content.
By using the Endorser Site you understand and agree that you may be exposed to User Data and Content posted by other Users that you may find to be inaccurate, offensive, indecent or objectionable in some way. Under no circumstances will Endorser be liable in any way for any User Data and Content including, but not limited to, liability for any errors or omissions in any User Data and Content or for any loss or damage of any kind incurred as a result of the use of any User Data and Content posted, emailed or otherwise transmitted via the Endorser Site or Endorser Services.
Modifications to the Endorser Site
Endorser reserves the right at all times to modify or discontinue, temporarily or permanently, the Endorser Site and Endorser Services, or any part of the Endorser Site and Endorser Services, with or without notice and without cost. Furthermore, the Endorser Site and Endorser Services may become unavailable due to suspension of the Internet, or maintenance or malfunction of computer equipment or other reasons. You agree that Endorser will not be liable to you or to any third party for any modification, suspension, malfunction, or discontinuance of the Endorser Site and Endorser Services.
By using the Endorser Site and Endorser Services, you agree to defend, indemnify and hold Endorser and its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from:
(a) access, use or misuse of the Endorser Site or Endorser Services including, without limitation, the uploading, posting, publishing, emailing, reproduction, distribution, or transmission of any Endorser Site Content (including, without limitation, all User Data and Content) or other materials by you, your agents, representatives, officers, contractors, or employees;
(b) any products or services made available by you, your agents, representatives, officers, contractors, or employees, or any dispute between you and any other User or third party;
(c) actual or alleged breach of these Terms by you, your agents, representatives, officers, contractors, or employees; or
(d) acts or omissions by you, your agents, representatives, officers, or employees, including, without limitation, those resulting in injuries and property damage.
Endorser reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Endorser in asserting any available defense.
Linked Third-Party Sites
In no event shall Endorser be liable to anyone for any loss or damage caused by or in connection with use of the Linked Third-Party Site or the information or material accessed through the Linked Third-Party Site. Endorser reserves the right, at its sole discretion, to remove, without notice, any link(s) to any of the Linked Third-Party Sites from the Endorser Site.
Legal Compliance and Prohibited Use
You are prohibited from using the Endorser Site and Endorser Services in any manner that would violate any applicable law, rule, or regulation in any jurisdiction. Some parts of this website may require authorization for access. Unauthorized access to these areas is prohibited and may result in criminal and civil prosecution. We may view, monitor and record any such attempts to access unauthorized areas and may provide such information as necessary to law enforcement personnel.
You agree to immediately notify Endorser of any unauthorized use of the Endorser Site of which you know or suspect. You agree that any violation of these Terms may result in termination of your registration, including, without limitation, your privileges as a User on the Endorser Site, and legal action may also be taken against you.
Endorser prohibits the harvesting or collection of the e-mail addresses of Endorser employees and representatives from the Endorser Site to be used in violation of the CAN-SPAM act. Endorser reserves the right to take all legal actions available, including civil and criminal prosecution, to prevent violation of these Terms.
Disclaimer of Warranties
ENDORSER SITE CONTENT INCLUDING, WITHOUT LIMITATION, ALL USER CONTENT, AND THE ENDORSER SERVICES ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, ENDORSER DOES NOT WARRANT THAT: (i) THE ENDORSER SITE CONTENT, ENDORSER SERVICES AND/OR ANY USER DATA AND CONTENT IS CORRECT, ACCURATE, RELIABLE, OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THE ENDORSER SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THE ENDORSER SITE OR THE SERVER(S) THAT MAKE EACH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS SUCH AS MALWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENDORSER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ENDORSER SITE CONTENT AND ENDORSER SERVICES INCLUDING, WITHOUT LIMITATION, ALL USER DATA AND CONTENT PROVIDED ON THE ENDORSER SITE, AND ENDORSER DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ENDORSER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE ENDORSER SITE, THE ENDORSER SITE CONTENT (INCLUDING, WITHOUT LIMITATION, THE USER DATA AND CONTENT) AND/OR THE ENDORSER SERVICES, EVEN IF ENDORSER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ENDORSER’S TOTAL, AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE ENDORSER SITE AND ENDORSER SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO ENDORSER FOR THE ENDORSER SERVICES DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR, IF GREATER, THE LOWEST AMOUNT PERMITTED UNDER APPLICABLE LAW.
Copyrights and Copyright Agent
All content, including trade dress on this Site is the copyrighted property of Endorser or its content providers. All rights reserved. The information and images presented here may not under any circumstances be reproduced or used without prior written permission of Endorser or the content provider.
If you believe any materials accessible on or from the Endorser Site infringe your copyright, you may request removal of those materials (or access thereto) from the Endorser Site by contacting Endorser’s copyright agent (identified below) and providing the following information in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA):
(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(b) The location of the material including, where possible, it’s URL or any other pertinent information that will allow us to locate the material.
(c) Your name, address, telephone number, and (if available) email address.
(d) A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on behalf of the copyright owner.
(f) A signature or the electronic equivalent from the copyright holder or authorized representative.
The address for Endorser’s agent for copyright issues relating to the Endorser Site is as follows:
PO Box 144681
Coral Gables, FL 33114
Attn: Office of the General Counsel
If you do not comply with all of these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Site infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA.
Choice of Law, Jurisdiction, and Enforcement, Choice of Language
These Terms are governed by and interpreted under the laws of the State of Florida and the United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Miami-Dade County, Florida, under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Florida. The parties shall initially bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration as well as such costs and expenses incurred by the prevailing party prior to, during and after arbitration including the prevailing party’s initial arbitration costs, in such an amount as may be determined by the arbitrator). The parties agree that any such arbitration and all documents disclosed in connection therewith will not be disclosed beyond the arbitrator, except as may be compelled by regulatory authorities or applicable law. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement and Endorser shall be entitled to seek injunctive relief or other equitable remedies from any court of competent jurisdiction.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
We do not represent or warrant that materials on this Site are appropriate for use outside of the United States of America.
Release of Endorser
If you have a dispute with one or more Users, you release Endorser and its affiliates, officers, directors, employees, representatives, successors and assigns, from any and all claims, demands and damages of every kind and nature arising out of or in any way connected with such dispute.
Electronic Communications Delivery Policy
You agree that Endorser may provide all notices and other communications electronically including, but not limited to, service updates and amendments to these Terms. We may make these communications available by means of posts to the Endorser Site, messages to your Endorser Account inbox and/or email account, and/or messages to your mobile device, among other means.
You will need a computer (or mobile device) web browser and printer to access and print such electronic communications. We reserve the right to prohibit your access and use of the Endorser Site and Endorser Services if you withdraw your consent to receive electronic communications. Any electronic communications will be considered to be received by you within twenty-four (24) hours of the time we post it to the Site or electronically transmit it to you. Any communications sent to you by postal mail will be considered to be received by you five (5) business days after being sent.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. All such attempted transfers, assignments, sublicenses or pledges are void.
For Additional Information or Notices
If you have any questions about these Terms, please contact Endorser in writing at the following address:
PO Box 144681
Coral Gables, FL 33114
Attn: Office of the General Counsel