Terms & Conditions

This website (the “Site”) is owned and operated by Melissa Turner, Endo Empowered, www.endoempowered.com (“COMPANY,” “we” or “us”). These Terms of Use apply to your use of the websites owned and operated by Endo Empowered,  its affiliates and related entities (“we” or “us”) including www.endoempowered.com, www.reachbeyondendo.com, www.beyondperiodpain.com and any subdomains thereof (the “Sites”) The term “Sites” includes the content on the Sites and all of our services provided on or through the Sites. By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Services

Your use of certain features, functionality, resources, products or programs (including, without limitation, contests, sweepstakes, games, surveys, forums, newsletters, subscription registrations, content submissions, chats, bulletin boards, discussion groups, promotions, marketing opportunities, affiliate programs requests for suggestions, requests for free products, RSS feeds, etc.) offered on or through the Sites (the “Services”) may be subject to additional terms and conditions (“Service Rules”), and before you use any of the Services you may be required to indicate your acceptance of such additional Service Rules. All Service Rules are incorporated into these Terms of Use by reference.

User Requirements

You must be at least 18 years old to participate on our Sites. We do not knowingly collect personal information from anyone under the age of 18. If you are under the age of 18, with the permission of your parent or legal guardian, you may view the Sites as a visitor.

Applicable Laws

We comply with the CAN-SPAM Act, the Children’s Online Privacy Protection Act, the Digital Millennium Copyright Act and all applicable rules, regulation laws, statutes, ordinances, codes, and guidelines, including those of the Federal Trade Commission (collectively, “Applicable Laws”) By using the Sites you agree to abide by all Applicable Laws and to refrain from assisting anyone to evade any Applicable Law.

Useage Rules

By accessing the Sites, you agree not to:

  • use the Sites in any unlawful manner or in any manner that could damage, disable, disrupt or impair the Sites or interfere with any other user’s use and enjoyment of the Sites
  • use spiders, robots, data mining techniques or similar data methods to download or otherwise, store, publish or distribute the content of the Sites
  • intercept or misappropriate data or personal information from the Sites
  • post,transmit, publish, share or otherwise make available any information, software or other material that contains a virus, malware or any other harmful component including but not limited to trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage or interfere with the Sites
  • intimidate, harass or insult other users
  • post, transmit, publish, share or otherwise make available any content that is abusive, harmful, unlawful, fraudulent, threatening, infringing, hateful, harassing, defamatory, insulting, obscene, profane, racist, or otherwise objectionable
  • post, transmit, publish, share or otherwise make available content that would incite a criminal offense, violate the rights of others or that would otherwise create liability or violate any Applicable Laws
  • post, transmit, publish, share, or otherwise make available any inappropriate advertising, solicitations or promotional materials including junk mail or spam that would violate the CAN-SPAM Act
  • inappropriately post transmit, publish, share, or otherwise make available or solicit private information such as phone numbers, addresses, social security numbers
    impersonate any person or entity (including, but not limited to, any of our employees or representatives), or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity
  • use your account or another user’s account in an inappropriate or unauthorized manner
  • post the same message or comment multiple times

We reserve the right to monitor communications on the Sites between you and other users.

User Registration

If you access the Sites as a visitor, you will not be required to provide personally identifiable information. However, to access certain Services, you may be required to register or to create an account and to provide certain information.

When registering an account, you agree to:

  • provide true and accurate information about yourself
  • create a suitable username that is not offensive, infringing or deceptive
  • not register for more than one account,
  • not register for an account on behalf of someone other than yourself
  • maintain the security of your passwords and identification
  • be responsible for all use and activity under your account, and the consequences thereof, regardless of whether you have authorized such use and activity
  • immediately notify us of any unauthorized use of your password or account or any other breach of security

If we determine, in our sole discretion, that you have violated these Terms of Use we reserve the right, without notice, to remove your account and restrict, suspend or terminate your access to all or any part of the Sites in our sole discretion.

Restrictions on Use of Site Content

Our trademarks and service marks, along with our trade names, trade dress (the “Marks”) and designs and all other content found on our Sites, including, but not limited to, articles, recipes, art, designs, graphics, text, postings, images, links, photographs, videos, information, and music (collectively, the “Site Content”) is our property and/or the property of its respective owners. Unless noted otherwise, you may access the Sites or the Site Content for your personal and non-commercial use only. You will not acquire any ownership rights by downloading the Site Content. You may not use, modify, copy, publish, display, transmit, adapt, frame or in any way exploit the Site Content, in whole or in part, without our prior written authorization and the authorization of all respective owners of the Site Content. You must abide by all copyright notices or other restrictions contained on the Sites. Any unauthorized of the Site Content will terminate any permissions granted herein. Such unauthorized use may also violate Applicable Laws, including copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to the Marks or Site Content.

User-Generated Content

We are not responsible for content posted, transmitted, published, shared or otherwise made available by users on or through the Sites (“User Content”). User Content, includes, but is not limited to, trademarks, trade names, service marks, trade dress, articles, recipes, art, designs, graphics, text, postings, images, links, photographs, videos, information, and music (collectively, “User Content”). We are a distributor (and not a publisher) of User Content. Accordingly, we have no more editorial control over such User Content than does a public library, bookstore, or newsstand. User Content does not reflect our opinions or views. Although we may monitor the Sites, we do not review all User Content. We do not endorse any User Content and make no warranties, whether express or implied, as to the accuracy, integrity or quality of any User Content. Under no circumstances will we be liable in any way for User Content, including, but not limited to, any errors or omissions in any User Content or any loss or damage of any kind incurred as a result of the use of or reliance on any User Content. We retain the right to archive or make any discussion “Read Only” or to reject, modify or remove any User Content (without notice or liability) if we consider any User Content to be in violation of these Terms of Use or otherwise inappropriate or harmful to the Sites in our sole discretion. Regardless of whether we remove such User Content, users remain solely responsible and liable for their User Content.

By posting, transmitting, publishing, sharing or otherwise making available User Content on the Sites, you automatically grant (or warrant that you have the express authority from the owner of such User Content to grant) us a worldwide royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, adapt, translate, publish and distribute such User Content (in whole or in part). We also have right to incorporate and adapt the User Content in other works in any form, media or technology now known or hereafter developed. You further grant any other user of the Sites to access, view, store or reproduce the User Content for that user’s personal non-commercial purposes. Additionally, you represent and warrant that (1) no element of your User Content will violate or infringe upon the intellectual property or privacy rights of any third party and (2) you (and any licensor of content that you post on the Sites), have waived any “moral rights” in connection with your User Content. You are solely responsible for paying all royalties and other fees that might be due to any person or entity by reason of any User Content posted by you on or through the Sites. You acknowledge you are not entitled to any compensation for any User Content you post on the Sites.

Links to Third-Party Sites

The Sites may contain links to other sites (“Third-Party Sites”) containing content, goods, services, and applications not owned by us. These Terms of Use apply only to our Sites. We do not control, endorse, take responsibility for, investigate, monitor or check for accuracy, appropriateness or completeness of any content of Third Party Sites. You release us from any and all liability, direct or indirect, and for any loss or damage in connection with your use of, or reliance on, any content of Third-Party Sites.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Endo Empowered. Affiliate Disclaimer:

If you have any causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your contract or relationship with an Affiliate of any of the Endo Empowered products or services, you are required to address your grievance with that Affiliate directly. By visiting this site you agree, Endo Empowered is not liable for any damages of any kind including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages arising from relationship with any affiliate.

Personal Advice

The Site Content cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. We encourage you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information found on the Sites. Your access and use of the Sites does not in any way create a physician/patient, confidential or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of its contributors. We do not endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Sites. Your reliance on any information provided on the Sites is solely at your own risk. We make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the Sites. We are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.

No Medical Advice

Content on this and related sites in no way constitutes medical advice and is not intended to be a substitute for medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. We also advise you to consult with your medical doctor before changing your diet or lifestyle. Never disregard professional medical advice or delay seeking it as a result of your use of site content. We make no guarantees about your experience or results from your use of content and you release Crazy Sexy Wellness, its officers, employees, and consultants of any liability relating to your use.

Warranties

YOU USE THE SITES AT YOUR OWN RISK. THE SITES (AND ANY PORTION OF THE SITES) ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through the Sites, the Site Content, or the content of any websites, any social media or other Internet resources linked to the Sites and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies contained on the Sites; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Sites (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Sites; (v) any bugs, viruses, Trojan horses, malware or the like which may be transmitted to or through the Sites (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the Site Content, the use of the Sites and/or through your or any other users’ exercise of any rights granted by us herein. We reserve the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Sites (including, without limitation any of the Services).

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, REVENUES, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).

Indemnification

You agree to indemnify and hold harmless us and our officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) connected to (i) any of your User Content, (ii) your exercise of any of your rights granted herein, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms of Use, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or these Terms of Use by you and/or anyone using your registered account to access and/or otherwise use the Sites (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Sites through your registered account. We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, and you shall agree to cooperate with us in asserting any available defenses.

Jurisdiction

We control and operate the Sites from our offices in the New Zealand. We do not represent that materials on the Sites are appropriate or available for use in other locations. People who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Arbitration

These Terms of Use will be governed by, and construed in accordance with the laws of New Zealand. All disputes related to these Terms of Use shall be submitted for resolution to the New Zealand Arbitration council, Auckland, New Zealand. You hereby waive any rights to bring any civil action in any court regarding such disputes.

Questions

If you have any questions regarding these Terms of Use, you may contact us at support@endoempowered.com

Intellectual Property Rights

Our Limited License to You

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us.

By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing.

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.

For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Currency

All sales are billed in USD.

Bank Fees

Some banks will charge an international service fee. Endo Empowered is not responsible for this bank charge and lies within the responsibility of the purchaser and their bank.  

Refund Policy

All sales are final. We do not accept returns. Any refunds offered are solely at our own descretion and we are not held liable to redeem any refunds.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

PARTICIPANT acknowledges and agrees that no representation has been made by OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this SITE.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

>