Terms and Conditions
The information on this website is offered to you based on the following conditions and your acceptance of them.
You may not copy, print the BLOG(s), modify, distribute, transmit, publish, perform, reproduce, display, license, create derivative works from, transfer, or sell any information from this web site. This web site is for your personal and noncommercial use only.
You are permitted to display, electronically copy, download and print hard copy portions of the material from different areas of the Site only for your own noncommercial use, or to place an order with ENDURE56, LLC or to purchase ENDURE56, LLC products. Any other use (including personal or educational use) of written text which is trademark protected and use of photos on this web site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of content of this Site, without prior written permission from ENDURE56, LLC is strictly prohibited.
Written Agreement Terms and Pricing
There may be a difference between the pricing information and prices provided on the web site and the pricing information and prices contained in written agreements. All parties to written agreements are responsible to comply to all the terms, and prices with all such agreements.
Order Processing
Normal business hours are 8AM to 5PM Central Standard Time, on business days (excluding US national holidays). Every attempt will be made to ship orders within 24 hours following order placement notification to ENDURE56, LLC. Orders placed after 5PM and before 8AM, or on weekends will be processed the next business day. ENDURE56, LLC depends on other suppliers to furnish certain/specific component ingredients used in the making of products. ENDURE56, LLC will not be held responsible for shipping orders to customers within 24 hours if ENDURE56, LLC is awaiting for component ingredients being transported to ENDURE56, LLC to be used to manufacture the products included in customer(s) orders. In such case(s) delivery will be made to customer(s) as quickly as possible after the delivery of the required component ingredients to ENDURE56, LLC and the making of the products the customer(s) ordered is accomplished.
Down Time Statement
The availability of the web site may be subject to unpredictable downtime caused by system maintenance and processing. ENDURE56, LLC cannot be held liable or responsible for orders placed during system downtime, or delayed in delivery during system downtime. System downtime includes downtime of systems in ENDURE56, LLC control, as well as downtime of systems in the control of others.
Copyrights and Trademarks
All content (text, interfaces, code and selection of arrangements, photos, graphics, design) is copyrighted as a collective work under the United States and other copyright laws, and is the property of ENDURE56, LLC, or James Livingston. The Site includes Copyright, Patent Pending, U.S. Patent, and Trademark works that are filed, licensed and registered in the years 2011 thru 2014. A U.S. Patent No. 9,139,754 B1 product (specialty oil) is the foundation for ENDURE56, LLC. ENDURE56, LLC is a registered trademark and BIOLOGICAL GREEN is filed for trademark protection. is trademark protected.
Notices and Procedures for Filing Claims of Copyright Infringement
In accordance with Title 17 of United States Code, Section 512(c) (2), notifications of claimed copyright infringement should be sent to ENDURE56, LLC designated agent, which is LegalZoom.com. ALL INQUIRIES WHICH ARE NOT RELEVANT TO OR NOT IN COMPLIANCE WITH THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
ENDURE56, LLC respects the intellectual property rights of others, and we ask the visitors and users of the ENDURE56, LLC web site to do the same. Notices and discoveries of alleged infringement will be investigated by LegalZoom.com and ENDURE56, LLC, or other(s) acting on their behalf. Following receipt of notices which are in compliance with the Digital Millennium Copyright Act (DMCA), and other intellectual property laws which are applicable. With a receipt of notices complying with DMCA, ENDURE56, LLC will act to remove or disable access to any material found to be infringing, or found to be the subject of infringing activity and ENDURE56, LLC will act to remove or disable access to any reference or link to the material or activity that is found to be infringing.
Work which you believe to have been copied in a way that constitutes copyright infringement we ask you to provide to us the following information. The notification to be effective MUST INCLUDE ALL of the following:
an electronic or a physical signature of the individual authorized to act on behalf of the owner of an exclusive copyright that’s allegedly infringed;
a thorough description of the copyrighted work that you claim has been infringed;
a description of where the claimed alleged, and infringing material is located on the Site;
your telephone number, address, e-mail address and all other necessary information reasonably sufficient to permit ENDURE56, LLC to contact you;
a written statement by you, that you have a good faith belief that the disputed use was not authorized by the copyright owner, its agent, or the law.
a written statement by you, made under penalty of perjury, that the above information in your NOTICE is accurate and that you are the copyright owner or that you are authorized to act on the behalf of the copyright owner of an exclusive right that is allegedly infringed.
Claimed copyright infringement Notices should be directed to Registered Agent at:
Legalzoom.com
Resident Agent Services
Attn: Jacob Varghese
Business Services Division
101 N. Brand Blvd, 11th Floor
Glendale, CA. 91203
Tel: 323.962.8600
TOP URGENT NOTE – For notifying ENDURE56, LLC that your copyrighted material, may have been infringed we provide the preceding information. All other inquiries, such as product or service related questions, requests, or questions concerning privacy will not be responded to through this process.
Typographical Mistakes/Errors
In case an ENDURE56, LLC product/material or service is incorrectly priced due to a typographical error, or an error in pricing information received from our suppliers, ENDURE56, LLC (The COMPANY) has the right to refuse or cancel any orders placed for a product or service listed at the incorrect price. ENDURE56, LLC will not be held liable for typographical errors. Whether or not an order has been confirmed and charged to your credit card will not change ENDURE56, LLC authority to refuse or cancel any order. In the rare case of a credit card having already been charged for the purchase and your order is canceled, ENDURE56, LLC shall issue a credit to your credit card or reimburse you by COMPANY check in the amount of the incorrect price.
Termination
Users/visitors/customers accessing the web site and/or completing the web site registration and purchase/or shopping process result in these terms and conditions being applicable to you, and that you accept these Terms and Conditions upon doing so. Anything(s) on this web site can be modified/changed or terminated by ENDURE56, LLC without notice at any time and for any reason. The provisions relating to copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable laws, Arbitration and General shall survive any termination.
Invalid Transactions
It is illegal to conduct transactions with invalid credit cards and/or purchase orders which are invalid.
User Participation
ENDURE56, LLC is not in ANY MANNER responsible for all the content of communications and materials posted or created by users to the web site. ENDURE56, LLC does have the right to block and remove communications or materials that it determines to be: 1). abusive, defamatory, or obscene; 2). misleading, fraudulent, deceptive; 3). in violation of a trademark, copyright; or other intellectual property right of another or; 4). in violation of any law or regulation; 5). offensive or otherwise unacceptable to ENDURE56, LLC in accordance with ENDURE56, LLC Privacy Statement.
User Submissions
The information we may collect from you is listed under the guidelines established under our Privacy Policy, any material, information, or other communication you transmit, upload or post to the website (“Communications”) will be considered, not be confidential and non-proprietary. ENDURE56, LLC will have no obligations with respect to the Communications. ENDURE56, LLC and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and noncommercial purposes.
Third-Party Links
ENDURE56, LLC web site may contain links to other sites on the internet that are owned and operated by others. ENDURE56, LLC has no control over these internet linked sites, ALL of which have their own separate privacy and data collection practices, independent of ENDURE56, LLC. ENDURE56, LLC has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. ENDURE56, LLC in seeking to protect the integrity of the Paradise Oil web site and any/all links placed upon it and therefore requests any feedback on not only our own web site, but for sites it links to as well (including if a specific link is no longer working).
Claims
Claim or claims or statement about the effectiveness of ENDURE56, LLC products, including each claim or statement comparing the effectiveness of ENDURE56, LLC products/or materials to the effectiveness of other products/or materials is expressly limited to the United States, unless otherwise disclosed on the Site.
Full Disclaimer
Statements on the website have not been evaluated by the FDA, nor are they required to be. ENDURE56, LLC and the ingredients in its products, are not intended to diagnose, treat, care, or prevent any disease. ENDURE56, LLC makes no warranties or representations about the accuracy of this Site’s content or the content of any site or other internet linked sites this website may contain link(s) to.
ALL CONTENT IN/ON THIS SITE, IS PROVIDED “AS IS” without warranties of any kind, whether express or implied. To the fullest extent permissible ENDURE56, LLC disclaims all warranties of merchantability and fitness for a particular purpose, non-infringement, and warranties arising from course of dealing or course of performance. ENDURE56, LLC does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this site of the server that makes the site available are free of viruses or other harmful components. ENDURE56, LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall ENDURE56, LLC be liable for any direct, indirect, special, incidental, exemplary or consequential, damages, or any damages whatsoever, even if ENDURE56, LLC has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ENDURE56, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Applicable Laws and Arbitration
This site and your use of this Site, shall be governed in all respects by the laws of the State of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. It is agreed that the jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of ENDURE56, LLC products and/or materials) shall be in the state or federal courts located in Midland County, Midland (city), Texas. Any cause of action or claim with respect to the Site (including but not limited to the purchase of ENDURE56, LLC products and materials) must begin within one (1) year after the claim or cause of action arises. The failure of ENDURE56, LLC to insist upon or the strict performance of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ENDURE56, LLC may assign its rights and duties under this agreement to any party, at any time without notice to you. Those who access the Site from locations outside of Texas do so on their own and are responsible for complying with applicable local and State laws. The use or export of materials not in compliance with U.S. export laws and regulations is forbidden. Any claims relating to the materials shall be governed by the internal substantive laws of the State of Texas.
Arbitration
By using this Site you agree that ENDURE56, LLC at its sole discretion may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filing gaps in this contract or its adaption to newly arisen circumstances, to final and binding arbitration under the American Arbitration Association and their rules under the International Rules of Arbitration, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Texas as set in the section above “Applicable Laws and Arbitration”.
Under this clause any award in an arbitration shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall not no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Our Address
ENDURE56, LLC
1900 W. Michigan Ave.
Midland, TX. 79701
Web Site Content Revision
ENDURE56, LLC and website developers working on its behalf have the right to change the content of/on the web site, including these terms and conditions. ENDURE56, LLC has the responsibility to review the Terms and Conditions frequently and before concluding any transaction as these Terms and Conditions may change without notice.