Privacy policy Agata000 6 February 2020
Terms & Conditions

By progressing to purchase this Endure IQ  product/service irrespective of checking the
box above, you are confirming you will abide by these terms and conditions.

If you disagree with any of the terms or conditions or have not provided all of the information required
as listed below you cannot access this Endure IQ service. By purchasing this service, you
thereby give permission for Endure IQ to send email communication to the email address
provided upon enrollment. If you wish to cancel email communication from Endure IQ you can do
so at any time by unsubscribing via the link provided in our emails.

By proceeding with a 1:1 Consultation, you are accepting the following:

a) All Endure IQ and Endure IQ consultant materials and prescriptions provides general
information and discussions about performance, health, enjoyment clinical trials and related
subjects. The information and other content provided in this information, or in any linked
materials, are not intended and should not be construed as medical advice, nor is the information
a substitute for professional medical expertise or treatment. Before applying any
recommendations or knowledge gained from Endure IQ services, please seek clearance to do so
from a medical professional.
b) If you or any other person has a medical concern, you should consult with your health care
provider or seek other professional medical treatment. Never disregard professional medical
advice or delay in seeking it because of something that has been read or heard in this course.   
c) Before taking part in any form of strenuous activity or change in diet, it is your responsibility to
seek medical advice whenever you are unsure. 
d) Endure IQ or Endure IQ consultants are not liable for any illness, injury or medical reaction
caused guidelines outlined in any course.  
e) You understand that the Endure IQ content has been independently developed based off the
published research and personal experiences as athletes and sports practitioners.  
f) You understand individual results and outcomes from Endure IQ products and services will
vary based on your current health for several reasons including but not limited to current
diet, environment, genetics, metabolic rate, physical exertion and compliance. Endure IQ do not
guarantee results.
g) We reserve the right to modify these terms and conditions at any time and will send email
notification of changes. 
h) You have read and agree to the full terms and conditions, and privacy policy on Endure IQ
website.

Endure IQ™ Terms of Service and Enrollment Agreement

By progressing to purchase this Endure IQ  product/service irrespective of checking the
box above, you are confirming you will abide by these terms and conditions.

These Terms of Service and Enrollment Agreement (this “Agreement”) are entered into by
and between Endure IQ Ltd., a limited liability company organized in New Zealand (“Endure IQ”
or “we” or “us”) and you (“you” or “your”).   You and Endure IQ may also be referred to
individually as a “Party” and, collectively, as the “Parties.”

IT IS ESSENTIAL THAT YOU READ THESE TERMS OF SERVICE AS THEY DESCRIBE AND, IN SOME CASES, LIMIT YOUR RIGHTS.

Your use of this Site AND PURCHASE OF THIS PRODUCT/SERVICE indicates your acceptance of this Agreement.

Endure IQ has developed, owns and operates the platform known as “EndureIQ.com” and such
other related online websites and applications as Endure IQ may create and with which it may
partner (collectively, the “Site”).
 
The Site provides instructional programs (each, a “Course”), tools, videos and information,
access to private training, training plans (including the Workout Library), and other events
relating to athletic endurance performance to help athletes who use the Site, enroll in Courses,
join the Training Squad, enroll in One-on-One Coaching or Consultation  (each, a ”User” and,
collectively, the “Users”) improve their skills and capabilities (collectively, such offerings and
services of Endure IQ shall be referred to herein as the “Services”).

The Site and Services are not intended for persons under 18 years of age.

The Services provided to you shall be included in any reference to your use of the Site.

Therefore, the Parties agree as follows:

1. AGREEMENT TO BE BOUND
You agree to be bound by this Agreement by your use of the Site.  If you do not agree with or do
not wish to be bound by any provision hereof, cease using this Site immediately.

2. DEFINITIONS
In addition to the definitions provided throughout the Agreement, the following terms have the
following meanings when used herein:
“Client” means a person who has accepted to have one-on-one consult.
“Consultation Booking” means the result of accepting one-on-one coaching.
“Consultation Fee” means the amount paid to for a one-on-one consultation.
“Consultation” the features of the Consultation Booking as defined between the Consultant and
Client.
“Documentation” means any websites, manuals, videos, documentation, emails and other
supporting materials related to the Site that Endure IQ provides to you or that you can access
under this Agreement.  Documentation is considered part of the Site.
“Endure IQ Materials” means videos, publications, documentation, training plans websites, apps
or other benefits that are accessible to only Enrollees, Members, Coached Athletes and Clients.
“Endure IQ Resources” means the Site, the Courses, the Training Library, the Workout Library,
and the Endure IQ Materials.
“Endure IQ Services”

Services” means any one-on-one or group services offered by an Endure IQ Coach
or Consultant.

“Personal Information” means the contents of your profile, any additional information you may
provide and any search criteria you may choose.
“Training Squad” means an on-going training hub which Members may join and which includes
access to a training calendar, training plans, and workout library which can be adjusted to the
users’ ability .
“Workout Library” means the programs and system of training available exclusively to Members
of the Training Squad.

3.1 ONE-ONE-ONE CONSULTATION
Endure IQ facilitates connecting clients with consultants for the purpose of one-on-one
consultation in the areas of sports performance.  If a client chooses to take up the one-on-one
consultation service, the following conditions apply in addition to the full terms and conditions
detailed.
 
Endure IQ’s role within this facilitation of one-on-one consultation is limited to:
a) connecting clients with preferred consultants through an online booking system on our
website,
b) managing booking payments and refunds where applicable, and
c) monitoring standard of service provided to Clients through optional feedback.
 
Once the preferred Consultant and Client have agreed to proceed with a Consultation, as a
Client, you will receive the inclusions and benefits provided and as described at time of
purchase. Once you have selected your preferred consultant and selected an available booking
time, you will receive the specified duration video consultation with your preferred consultant and
as many questions will be covered in this period. We recommend sending your questions and
any relevant documentation directly to your consultant at least 72hrs in advance of your Consult
to ensure the Consultant is well prepared with any relevant resources and research to encourage
working through as many of your questions as possible, and the responsibility to see his deadline
lies with the client. Any resources provided as a result of or information provided verbally or in
written format from the consult itself, may only be used for personal use, and may not be
distributed digitally, transcribed for print distribution, or used commercially.
 
The payment for the Consult will take place at time of purchase in advance of booking the
consult date.
 
We understand that sometimes it is necessary for you to change your consultation. You are
responsible for recording your appointment in your diary. With regards to cancellations, refunds,
and rescheduling of consultations, the following apply:

  • You have the option to cancel your appointment with a full refund within 48hrs of your
    consultation. Thereafter and within 24hrs of your consult, you will receive a maximum
    50% refund as preparation by the Consultant for your Consult will have begun.
  •  You have the option to reschedule your booking at any time and with no charge up until
    24 hours prior to your consult. Written notice to info@endureiq.com is required if you
    wish to change your booking date.
  •  If you do not cancel or reschedule your booking within 24hrs hours of your appointment,
    50% of the consultation fee will be charged.

A valid credit card is required on which we will charge the Consultancy Fee. Endure IQ utilizes
state-of-the-art encrypted security measures (including but not limited to username and
password protections) to protect your Personal Information.
 
All financial aspects will be handled by Endure IQ and any questions, concerns, issues Athlete
may have regarding such issues should be directed exclusively to Endure IQ, Ltd. (“Endure IQ”).
 
If you are booking an online consultation through the Website, you acknowledge you have read
and agree to be bound by these Terms and Conditions, whether for yourself or on behalf of a
minor. By making a booking you represent and warrant that you are at least 18 years old. If a
third party is making the bookings on your behalf, you warrant you have authorised the third party
to do so, and you have been advised of these Terms and Conditions.
 
Endure IQ Ltd. uses third-party platforms to deliver our services, each with their own privacy
policies. We recommend that you read the terms of use and privacy policies of those third-party
services to understand how they collect, use, and share your personal information with us or
other third parties. 
 
Please find their policies here:
https://kajabi.com/policies
https://www.squarespace.com/terms-of-service
https://stripe.com/en-nz/privacy
https://www.paypal.com/myaccount/privacy/privacyhub

Endure IQ Ltd. uses Acuity Scheduling to process online bookings, by making a booking you are
accepting their Terms of Use. We reserve the right to change the preferred booking facilitator
from time to time and without notice.
 
You agree and acknowledge that all information you provide to us through the online booking
service or enquiry will be true, accurate, current, and complete, including but not limited to your
title, name, age, gender, address, and telephone number (‘Personal Information’). You
acknowledge and agree that Endure IQ Ltd. and any relevant third party of our choosing will
collect your Personal Information for the purpose of the booking service and any additional
services you may request. You acknowledge that if we cannot collect this Personal Information
and other personal information as requested, we will not be able to process your booking and
may not be able to provide you with some or all of our Services.
 
 
3.1.1 INTELLECTUAL PROPERTY RIGHTS

Consultants may choose to provide Clients with available Endure IQ Resources which are the
sole and exclusive property of Endure IQ.  The Client shall not copy, reproduce, broadcast,
distribute, post, share or make any use of these (or any other Endure IQ Materials or Resources
provided by the Consultant) other than for Client’s personal use and for the purpose of the sports
performance.
 
3.1.2 REPRESENTATIONS AND WARRANTIES
Clients represents and warrants that, in addition to those set out in Section 6, that at the time of
purchase and at all times throughout the Term:
a) Client acknowledges that Endure IQ or the Endure IQ Consultant has not conducted any
medical, physical, psychological or other evaluation of Client, and where recommendations from
the consultation include practical application to training, racing, or lifestyle changes, that both
Endure IQ and the Endure IQ Consultant are relying on Client’s representation and warranty that
Client will consult his or her physician in determining Client’s ability to undertake those
recommendations.
 
 3.1.3. ASSUMPTION OF RISK AND WAIVER
Client expressly releases and discharges Endure IQ, Consultant, their respective Affiliates and
their respective officers, directors, shareholders, members, owners, managers, employees,
agents and contractors (including other coaches) (collectively, the “Releasees”)  from any and all
claims or causes of action and you agree to voluntarily give up or waive any right that you may
otherwise have to bring a legal action against Endure IQ Releasees for personal injury, property
damage or any other cause of action. This waiver and release of liability includes, without
limitation, any injury and/or damages from any cause whatsoever including but not limited to any
negligent instruction or supervision by Consultant.

4.  YOUR USE OF THE SITE

  • Your Responsibilities. You will (a) be responsible for your compliance with this
    Agreement, (b) use reasonable efforts to prevent unauthorized access to your Endure IQ
    account login, the Course(s) and Endure IQ Resources and notify Endure IQ promptly of
    any such unauthorized access or use, and (c) use the Site only in accordance with the
    Documentation and all applicable laws and regulations, including, without limitation,
    applicable export control laws and regulations.  You are solely and exclusively
    responsible for the security of the usernames and passwords issued to you.  Endure IQ
    shall be entitled to rely on the authority of any person using the username and password
    in providing information to and taking all actions that the authorized user would be
    entitled to take or direct.

  • Restrictions. You will not (a) make the Course(s) or the Endure IQ Resources available
    to, or use the Site, Course(s) or the Endure IQ Resources for the benefit of, anyone other
    than yourself, (b) sell, resell, license, sublicense, distribute, rent, or lease the Course(s)
    or the Endure IQ Resources, or include the Course(s) or the Endure IQ Resources in a
    service bureau or outsourcing offering, (c) use the Site to store or transmit infringing,
    libelous, or otherwise unlawful or tortious material, or to store or transmit material in
    violation of third-party privacy rights, (d) use the Site to store or transmit malicious code,
    (e) interfere with or disrupt the integrity or performance of the Site or any third-party data
    contained therein, (f) attempt to gain unauthorized access to the Endure IQ Resources or
    any related systems or networks, (g) permit direct or indirect access to or use of the
    Endure IQ Resources in a way that circumvents a contractual usage limit, (h) copy the
    Endure IQ Resources or any part, feature, function, or user interface thereof, (i) frame or
    mirror any part of the Endure IQ Resources other than as permitted in the
    Documentation, (j) access, record or copy the Endure IQ Resources in order to build a

    competitive product or service, or (k) reverse engineer, disassemble or decompile the
    Endure IQ Resources.

5. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant the following:

  • You are eighteen (18) years of age or older.
  • If you are an Enrollee, Member, Client, or Coached Athlete, you are accessing the
    Course(s) and Endure IQ Resources  and Services exclusively for your personal use and
    self-improvement in athletic endurance performance, with no intent to broadcast,
    republish, misrepresent, edit, copy, display or in any way use the Endure IQ Resources
    for any purpose other than your personal use and self-improvement in athletic endurance
    performance.
  • If you are an Enrollee, Member, Client or Coached Athlete, you have consulted your
    physician and have been advised that there are no physical, psychological or other
    conditions that would limit your participation in and training for endurance sports or that
    would increase or create a risk of injury to you by your participation in and training for
    endurance sports.

6. CONFIDENTIALITY
For the purposes of this Agreement, “Confidential Information” means any business or
technical information that either Party discloses to the other Party, in writing, orally or by any
other means, that should reasonably have been understood by the receiving Party due to
“confidential” and similar markings, the circumstances of disclosure, or the nature of the
information itself, to be proprietary and confidential to the other Party, including, without
limitation, computer programs, code, algorithms, data, know-how, formulas, processes, ideas,
inventions (whether patentable or not), schematics and other technical, business, financial, and
product development plans, names and expertise of employees and consultants, and customer
lists.  Neither Party will use the other Party’s Confidential Information, except as permitted under
this Agreement.  Each Party agrees to maintain in confidence and protect the other Party’s
Confidential Information using at least the same degree of care as such Party uses for its own
information of a similar nature, but in all events at least a reasonable degree of care.  Each Party
agrees to take all reasonable precautions to prevent any unauthorized disclosure of the other’s
Confidential Information, including, without limitation, disclosing Confidential Information only to
such Party’s employees, independent contractors, consultants and legal and financial advisors
(collectively, “Representatives”) (a) with a need to know such information, (b) who are parties to
appropriate agreements sufficient to comply with this Section and (c) who are informed of the
nondisclosure obligations imposed by this Section.  Each Party will be responsible for all acts
and omissions of its Representatives.  The foregoing obligations will not restrict either Party from
disclosing Confidential Information of the other Party pursuant to the order or requirement of a
court, administrative agency or other governmental body, provided that the Party required to
make such a disclosure gives reasonable notice to the other Party to enable them to contest
such order or requirement.  The restrictions set forth in this Section shall remain in effect for five
(5) years.  The restrictions set forth in this Section will not apply with respect to any Confidential
Information that: (i) was or becomes publicly known through no fault of the receiving Party; (ii)
was rightfully known or becomes rightfully known to the receiving Party without confidential or
proprietary restriction from a source other than the disclosing Party who has a right to disclose it;
(iii) is approved by the disclosing Party for disclosure without restriction in a written document
which is signed by a duly authorized officer of such disclosing Party; or (iv) the receiving Party
independently develops without access to or use of the other Party’s Confidential Information.
 

Your Confidential Information expressly includes the Personal Information.  We follow generally
accepted best practices to safeguard the Personal Information.  We conduct background checks
on and have confidentiality agreements with all personnel who have or may have access to the
Personal Information, including but not limited to those in technical support.

1. SECURITY
Endure IQ shall implement and maintain appropriate measures in accordance with generally
accepted industry standards to (i) protect against any anticipated threats or hazards to the
security or integrity of the Personal Information; and (ii) protect against unauthorized access to
the Personal Information.
 
8.  TITLE
In addition to Endure IQ’s Confidential Information, Endure IQ owns all rights, title and interest in
and to the Endure IQ Resources and any trademarks, copyrights, trade secrets and inventions,
whether or not any of the foregoing are registered, and any ideas, suggestions, proposals,
research or test results obtained through, from or as a result of your use of the Endure IQ
Resources.  Your rights to the Endure IQ Resources are limited to the rights expressly granted to
you in this Agreement.  Accordingly, you shall not use the Endure IQ Resources in any manner
except as provided herein. Endure IQ reserves all rights not expressly granted in this
Agreement.  You agree that you shall not attempt to claim, register or protect any interest in or to
the Endure IQ Resources. 
 
If you send comments or suggestions about the Endure IQ Resources to us, including, but not
limited to, notes, text, drawings, images, designs or computer programs, such submissions shall
become, and shall remain, the sole property of Endure IQ. No such submission shall be subject
to any obligation of confidence on the part of Endure IQ. We shall exclusively own all rights to
(including intellectual property rights thereto), and shall be entitled to unrestricted use,
publication, and dissemination as to all such submissions for any purpose, commercial or
otherwise without any acknowledgment or compensation to you.

9.   INDEMNIFICATION

  • Endure IQ’s Indemnification Obligation. Endure IQ will defend or settle, at its option
    and expense, any third-party claim brought against you to the extent that it is based on
    an allegation that your use of the Endure IQ Resources as permitted under this
    Agreement infringes a patent, copyright, or trademark or misappropriates a trade secret
    of any third-party (each, a “Claim”), and, subject to Section 12, Endure IQ will pay all
    damages and costs (including reasonable legal fees) finally awarded by a court of final
    appeal attributable to such a Claim, provided that you notify Endure IQ in writing of any
    such Claim as soon as reasonably practicable and allows Endure IQ to control, and
    reasonably cooperates with Endure IQ in the defense of, any such Claim and related
    settlement negotiations.
  • Exclusions. You understand that Endure IQ has no obligation to indemnify you for any
    Claim that is based on (i) modification of the Endure IQ Resources by any party other
    than Endure IQ; (ii) your use of the Endure IQ Resources other than as authorized by this
    Agreement and the Documentation or in violation of your representations and warranties;
    (iii) access to the Course(s) and/or use of the Endure IQ Resources by any person other
    than you who uses your username and password; or (iv) your failure to stop using the
    Endure IQ Resources after receiving written notice to do so from Endure IQ in order to

    avoid further infringement or misappropriation (subparts (i)-(iv) are referred to collectively
    as “Indemnity Exclusions”).

  • Right to Ameliorate Damages. If your use of the Endure IQ Resources is, or in Endure
    IQ’s reasonable opinion is likely to be, subject to a Claim under Section 9.1, Endure IQ
    may, at its sole option and at no charge to you (and in addition to Endure IQ’s indemnity
    obligation to you in Section 9.1) (i) procure for you the right to continue using the Endure
    IQ Resources; (ii) replace or modify the Endure IQ Resources so that it is non-infringing
    and substantially equivalent in function to the original Endure IQ Resources; or (iii) if
    options (i) and (ii) above are not commercially practicable in Endure IQ’s sole
    determination, Endure IQ can terminate this Agreement and all licenses granted
    hereunder (in which event, you will immediately stop using the Endure IQ Resources)
    and refund the Enrollment Fees, Membership Fees, Coaching Fees, or Consultations
    Fees that you paid which are allocable to the infringing c(1).
  • Your Indemnification Obligation. Except to the extent that Endure IQ is obliged to
    indemnify you in Section 9.1 above, you will defend, indemnify and hold Endure IQ
    harmless from and against any claims that may arise out of or be related to or connected
    with (i) any breach of your representations and warranties, (ii) your use or misuse of the
    Endure IQ Resources (including but not limited to collection, transmission and processing
    of the Personal Information), (iii) use or misuse of the Endure IQ Resources by any
    person other than you who accesses the Course(s) or Endure IQ Resources using your
    username and password (including, without limitation, any Indemnity Exclusion), or (iv)
    any personal injury or property damages to you or anyone else resulting from or relating
    to your training whether or not based on the Course(s) and/or Endure IQ Resources.  For
    purposes of this section, any reference to Endure IQ shall include Endure IQ’s Affiliates,
    shareholders, directors, officers, employees, agents and contractors.  For purposes of
    this Agreement, an “Affiliate” means an entity  person, natural or legal, that (a) is owned
    or controlled, directly or indirectly, by Endure IQ, (b) owns or controls, directly or
    indirectly, Endure IQ or (c) is under common control as Endure IQ.
  • Sole Remedy. This Section sets forth Endure IQ’s sole and exclusive obligations, and
    your sole and exclusive remedies, with respect to claims of infringement or
    misappropriation of third-party intellectual property rights.

10.   DISCLAIMER
Endure IQ provides the endure iq assets on an “as is” and “as available” basis.  To the extent
permitted by law, endure iq disclaims all warranties, whether express, implied, statutory or
otherwise, including, without limitation, the implied warranties of merchantability, fitness for a
particular purpose, and non-infringement, and those arising out of course of dealing, usage or
trade.

11.  ASSUMPTION OF RISK AND WAIVER
You acknowledge and understand that endurance sports, like any sport, has inherent risks of
bodily injury which risks are magnified when combined with pushing one’s body to extreme
limits. 
 
You expressly and unconditionally assume any risks and waive any and all claims against
Endure IQ, regardless the bases upon which such claim(s) may be made, that may be based on,
arise in connection with or be related to any of the following acts, circumstances or conditions,
and regardless of the source or the cause of the issue including but not limited to failures of third-
party sites or applications with which the Endure IQ Resources interact:

  • any personal injury to you or anyone else, whether as an athlete, other participant, user
    or spectator, relating to, caused by or connected to any activity or product  depicted in

    the Endure IQ Resources (including but not limited to third-party sporting equipment and
    dietary supplements);

  • any damage to property of yours or anyone else’s relating to, caused by or connected to
    any activity or product depicted in the Endure IQ Resources;
  • any unauthorized person uses your username and/or password to access the Endure IQ
    Resources with any result, including but not limited to making changes in authorizations;
  • the Endure IQ Resources are partially or totally inoperative or inaccessible;
  • use of the Endure IQ Resources;
  • viruses or other malicious software are transferred to your computer or other device by
    using the Endure IQ Resources;
  • there are bugs, errors or inaccuracies in the Endure IQ Resources;
  • third-party content, actions or inactions on or with respect to the Endure IQ Resources;
  • a suspension or other action taken with respect to your account by Endure IQ; or
  • deletion, corruption or destruction of any of the Personal Information.

No waiver by Endure IQ of any breach by you of any condition or provision of this Agreement
shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any
prior or subsequent time, nor shall the failure of or delay by Endure IQ in exercising any right,
power, or privilege under this Agreement operate as a waiver to preclude any other or further
exercise thereof or the exercise of any other such right, power, or privilege.
 
For purposes of this section, any reference to Endure IQ shall include Endure IQ’s Affiliates,
shareholders, directors, officers, employees, agents and contractors.

12.  LIMITATION OF LIABILITY

To the extent permitted by law, in no event shall Endure IQ have any liability to you for any
indirect, special, incidental, punitive, or consequential damages (including for loss of profit,
revenue, or data) arising out of or in connection with the Site or this Agreement, however caused,
and under whatever cause of action or theory of liability brought (including under any contract,
negligence, indemnification or other tort theory of liability) even if advised of the possibility of
such damages.  To the extent permitted by applicable law, Endure IQ’s total cumulative liability to
you or any third-party arising out of or in connection with the Site or this Agreement, from all
causes of action and all theories of liability, will be limited to and will not exceed the greater of the
Enrollment Fees (if you are an Enrollee), Membership Fees (if you are a Member), Coaching
Fees (if you are a Coached Athlete), or Consultation Fees (if you are a Client) paid by you during
the Twelve (12) months immediately preceding the claim or One Hundred Dollars ($100.00).  The
Parties agree that this Section represents a reasonable allocation of risk.

13.  GOVERNING LAW AND VENUE

This Agreement will be governed by and interpreted in accordance with the laws of New Zealand,
without giving effect to any principles of conflict of laws.  Any legal action or proceeding arising
under this Agreement will be brought exclusively in the federal or state courts located in
Auckland, New Zealand, and the Parties irrevocably consent to personal jurisdiction and venue
therein.  If any Party incurs costs or expenses including but not limited to reasonable attorneys’
fees in connection with an action relating to the terms of and performance under this Agreement,
the prevailing Party in such an action shall be entitled to recover its costs and reasonable
attorneys’ fees incurred.
You agree that you may bring a claim against Endure IQ only in your capacity as an individual
User, not as the member of or participant in any group or class.  

 
Each party hereby irrevocably and unconditionally waives, to the fullest extent permitted by
applicable law, any right that it may have to trial by jury of any claim or cause of action, or in any
legal proceeding, directly or indirectly based upon, relating to or arising out of this agreement,
use of the site, use of the member resources or participation in any of the actrivities or use of any
of the products included or depicted in the site (whether based on contract, tort or any other
theory). Each party (a) certifies that no representative, agent or attorney of the other party has
represented, expressly or otherwise, that such other party would not, in the event of litigation,
seek to enforce the foregoing waiver and (b) acknowledges that it and the other party have been
induced to enter into this agreement by, among other things, the mutual waivers and
certifications in this section. Each party hereto consents to service of process by certified mail at
its address listed herein.

14. MISCELLANEOUS

  • Independent Contractors. Endure IQ is and will be deemed to be an independent
    contractor with respect to you in regard to the subject matter of this Agreement, and
    nothing contained in this Agreement will be deemed or construed in any manner
    whatsoever as creating any partnership, joint venture, employment, agency, fiduciary or
    other similar relationship between Endure IQ and you.
  • Assignment. You may not assign any of your rights or obligations hereunder, whether
    by operation of law or otherwise.  Endure IQ may assign this Agreement, in part or whole,
    inclusive of the Personal Information and personal account information, without your
    consent, to an Affiliate or in connection with a merger, acquisition, corporate
    reorganization or sale of all or substantially all of its assets or equity.  Subject to the
    foregoing, this Agreement shall bind and inure to the benefit of the Parties, their
    respective successors and permitted assigns.
  • Amendment. Endure IQ may amend this Agreement at any time, in its sole and
    absolute discretion; provided any changes in this Agreement shall be binding upon
    Enrollees only upon Enrollment in a Course subsequent to such amendment or upon
    Members only upon renewal of his/her Membership Plan.  You will be notified of such
    change(s) by email.  Your continued use of the Endure IQ Resources after the effective
    date of any such amendment shall be conclusive evidence of your consent to be bound
    by such amendment.
  • Force Majeure. Neither Party will be responsible for any failure or delay in its
    performance under this Agreement (except for any payment obligations) due to causes
    beyond its reasonable control, including, without limitation, acts of God, strikes, lockouts,
    riots, acts of war, epidemics, pandemics, communication line failure, governmental
    orders (including but not limited to quarantines and business closures) and power
    failures.
  • Notices. Any notices or other communications required or permitted hereunder shall be
    sufficiently given if in writing and delivered in person or sent by registered or certified mail
    (return receipt requested) or nationally recognized overnight delivery service, postage
    pre-paid addressed as follows, or to such other address as such Party may notify to the
    other Party in writing:

To Endure IQ:                      
9 Willis Street
Torbay, 0630
Auckland, New Zealand
 

Email:  info@endureiq.com

 

Current Contact: K. Plews                                   
Notices, demands or requests which either Party is required or desires to give the other
hereunder shall be deemed to have been properly given for all purposes if (A) hand-delivered to
the Party's notice address, (B) mailed by express, registered or certified mail of a national postal
service, return receipt requested, postage prepaid, or (C) delivered to a nationally recognized
overnight courier service for next business day delivery, to its addressee at such Party's notice
address. Each such notice, demand or request shall be deemed to have been received upon the
earlier of (i) actual receipt or refusal by the addressee if hand-delivered in accordance with
clause (A) above, or (ii) three (3) business days after deposit thereof at any main or branch post
office, if sent in accordance with clause (B) above, or the next business day after deposit thereof
with the courier, if sent pursuant to clause or (C) above. The parties shall notify the other of any
change in address, which notification must be at least two (2) business days in advance of it
being effective. Notices may be given on behalf of any Party by such Party's legal counsel.  For a
notice to be valid, an email copy shall accompany each of the foregoing modes of noticing a
Party.  An email notice, by itself, shall suffice as notice at such time as the sender receives a
receipt acknowledgment or the recipient replies, directly or indirectly, to such notice.
 
By registering on the Site, enrolling in a Course, joining the Training Squad, or accepting One-
on-One Coaching, you expressly consent to receive any notices, announcements, agreements,
disclosures, reports, documents, communications concerning new products or services, or other
records or correspondence from Endure IQ, its Affiliates and third-parties with which Endure IQ
does business.  You consent to receive notices electronically by email, text or other messaging
service.

 

  • Severability. If any provision of this Agreement is held by a court of competent
    jurisdiction to be contrary to law, such provision shall be changed and interpreted so as
    to best accomplish the objectives of the original provision to the fullest extent allowed by
    law and the remaining provisions of this Agreement shall remain in full force and effect.
  • Section Headings. Section headings are included for ease of reference only and have
    no binding effect.
  • Interpretation. You acknowledge and agree that you had sufficient time and opportunity
    to have this Agreement reviewed by your legal counsel. If this Agreement is ever
    construed, whether by a court or arbitrator, such court or arbitrator will not construe this
    Agreement, or any provision hereof, against any Party as the drafter.  This Agreement is
    written in English and, notwithstanding the translation or translatability into other
    languages, the English language version of this Agreement shall be controlling.
  • Headings The headings used herein are for convenience only and shall not be deemed
    to define, limit or construe the contents of any provision of this Agreement. The meanings
    given to terms defined herein will be equally applicable to both the singular and plural
    forms of such terms. Whenever the context may require, any pronoun includes the
    corresponding masculine, feminine and neuter forms.
  • Entire Agreement. This Agreement constitutes the entire agreement and understanding
    of the Parties with respect to the subject matter of this Agreement, and supersedes any
    and all prior understandings and agreements, whether oral or written, between the
    Parties with respect to the subject matter of this Agreement.
  • Survival. Those provisions of this Agreement that by their terms or sense are intended
    to survive termination or expiration of this Agreement will survive and remain in full force
    and effect, including, without limitation, Sections 2, 4.2 and 6-14.

Terms and Conditions: Updated January 22nd 2022