Terms & Conditions
Use of the Site and APPS.
Except as set forth in “Other agreements; software, services or access”, below, EPIK authorizes you to use the Site and APPS only for your own personal, non-commercial purposes. Use of the Site or APPS for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited.
If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Epik, EPIK One America Corporation owns the Site and APPS. The Site and APPS are protected under United States and international copyright laws. Any unauthorized use of the Site or APPS may violate copyright, trademark, and other laws.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site or APPS and for paying all charges related thereto. When you register anywhere on the Site or APPS, when you contact EPIK through the Site or APPS for the purpose of receiving products or services, EPIK may collect certain personal information about you. EPIK’s use of such information is governed by the provisions of the EPIK Online Privacy Statement for the Site and APPS. You agree to provide true, accurate, current, and complete information. You are responsible for maintaining the confidentiality of your Site password and you are solely responsible for all activities that occur under your password. You agree to notify EPIK immediately of any unauthorized use of your password or any other breach of security related to the Site. EPIK reserves the right to require you to change your password if EPIK believes that your password no longer is secure. Access to the Site granted to you under other separately executed agreements by EPIK shall supersede the terms of this Section.
You agree not to use the Site or APPS (including, without limitation, any Materials or Services you may obtain through your use of the Site): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Site or servers or networks connected to the Site. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Site; or (y) attempt to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means.
THE SITE AND APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND EPIK MAY CHANGE INFORMATION PROVIDED ON THE SITE AND THE APPS AT ANY TIME WITHOUT NOTICE. EPIK DOES NOT PROMISE THAT THE SITE OR APPS OR ANY OF THEIR CONTENT, SERVICES OR FEATURES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR APPS WILL PROVIDE SPECIFIC RESULTS. EPIK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE OR APPS WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES. EPIK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE OR APPS (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR FROM EPIK OR ITS SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF EPIK ONE AMERCA CORPORATION) (COLLECTIVELY, “THE EPIK PARTIES”) SHALL CREATE ANY WARRANTY. EPIKDISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of liability.
IN NO EVENT WILL ANY OF THE EPIKPARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR APPS), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY EPIKPARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any EPIK Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the EPIK Party’s liability shall be the minimum permitted under such applicable law.
Other agreements, software, services, or access.
EPIK may provide products (such as hardware or software) or access to the Site or APPS under the terms of a separate agreement between you and EPIK (each, an “Other Agreement”). EPIK ONE AMERICA obligations with respect to any product or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements. For example, the use of any software that is made available to download from the Site or APPS (“Software”) is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end-user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Modifications to EPIK Content.
EPIK reserves the right to modify, suspend, or discontinue the Site or APPS at any time without notice to you. For example, EPIK may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and EPIK makes no commitment to update the Materials and Services whatsoever. Information published on the Site or APPS may refer to products, programs, or services that are not available in your country. Consult your local EPIK business contact for information regarding the products, programs, and services that may be available to you.
Links to third-party websites.
EPIK may provide links on the Site or APPS to third-party sites. Such links are provided solely as a convenience to you. If you use these links, you will leave the Site or APPS. EPIK is not obligated to review such third-party sites, does not control such third-party sites, and is not responsible for any such third-party sites (or the products, services, or content available through the same). Thus, EPIK does not endorse or make any representations about such third-party sites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to from the EPIK Network, you do this entirely at your own risk.
Linking to the Site.
You may create links to the Site from other sites, but only in accordance with the following terms and in compliance with all applicable laws. Absent EPIK ONE AMERICA’s written authorization otherwise, a site that links to this Site:
- may link to, but shall not replicate, any Materials (including any EPIK logo);
- shall not create a browser or border environment around any Materials;
- shall not imply that EPIK endorses such site or any products, services, or content available through such site;
- shall not misrepresent its relationship with EPIK ONE AMERICA;
- shall not present false or misleading information about EPIK ONE AMERICA, its products, or its services;
- shall not contain content that could be construed as distasteful, offensive, or controversial; and
- Shall contain only content that is appropriate for all age groups.
EPIK ONE, the EPIK logo are trademarks of EPIK ONE AMERICA CORPORATION
International and export issues.
EPIK administers the Site and APPS from its offices in the United States. EPIK makes no representation that the Site is appropriate or available for use outside the United States and access to the Site from territories where its contents are illegal or restricted is prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Site and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or U.S. Department of Commerce Entity List of proliferation concerning non-EPIK sites, or the US State Department Debarred Parties List of non-EPIK sites. By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to indemnify, defend, and hold harmless the EPIK Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. EPIK reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with EPIK ONE AMERICA’s defense of such claim.
When you visit the Site or send e-mails to EPIK ONE AMERICA, you are communicating with EPIK electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that EPIK provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms, together with any additional terms to which you agree when using particular elements of the Site and APPS, constitute the entire and exclusive and final statement of agreement between you and EPIK with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and EPIK with respect to such subject matter. The EPIK Parties are third-party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and EPIK shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Site or APPS shall be brought in the Federal or State courts located in Miami Florida, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of EPIK to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of EPIK and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Site or APPS. These Terms will be interpreted without application of any strict construction in favor of or against you or EPIK ONE AMERICA. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EPIK without restriction.
Modifications to these Terms.
EPIK may, in its sole and absolute discretion, change these Terms from time to time. EPIK may or may not post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the Site or APPS. Continued use of the Site or APPS following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Site or APPS and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.