ACCEPTANCE OF TERMS THROUGH USE
By using this site, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement do not use this site. Please check this Agreement periodically for changes as EPI Engineering, Inc. reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. EPI Engineering, Inc. reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.
CONSENT TO RECEIVE ELECTRONIC RECORDS
By participating in the products or services on the site, you signify your express consent to receive information from EPI Engineering, Inc. in electronic format. You will need a computer with browser and Internet access to receive such electronic records. Electronic records may include terms and conditions, agreements, privacy policies, and other items.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email EPI Engineering, Inc. with his or her explicit permission and acceptance of full legal responsibility for the minor to do so.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, EPI Engineering, Inc. hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of EPI Engineering, Inc., and/or its affiliates and/or its partners and/or its resellers, and are protected by intellectual property right, copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by EPI Engineering, Inc., as well as its affiliates and/or partners and/or resellers.
You agree not to make any false or fraudulent statements in your use of or to gain access to this site or during your use of this site. Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site or that is property of EPI Engineering, Inc., and/or its affiliates and/or its partners and/or resellers. Systematic retrieval of data or other content from this site or the site of any party offering materials through this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from EPI Engineering, Inc., and/or its affiliates and/or partners and/or resellers is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree to use your best efforts to prevent access to this site through your login and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying EPI Engineering, Inc. immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a login and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials on or received via this site or any site owned by EPI Engineering, Inc. affiliates and/or partners and/or resellers. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that EPI Engineering, Inc. shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
Limited International Users
Accessing this site, and services, products or contents available on this site from places outside the U.S. (unless expressly set forth) or where their contents are illegal, is prohibited. None of the information on this site may be downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries. You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
If you are a branch or agency of the U.S. Government, the following provision applies. Any software which is downloaded from or made available via the site for or on behalf of the United States of America, its agencies and/or instrumentalities is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Unpublished rights reserved under the copyright laws of the United States.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this site or communicate to EPI Engineering, Inc. through this site (collectively “Submissions”) shall forever be the property of EPI Engineering, Inc. You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by EPI Engineering, Inc. EPI Engineering, Inc. shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future EPI Engineering, Inc. services or products. Without limitation, EPI Engineering, Inc. shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
EPI Engineering, Inc. its affiliates, partners, resellers, licensors', advertisers, merchants or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties and you agree never to use such without express written permission.
THIRD PARTY SITES
You will be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. You acknowledge that EPI Engineering, Inc., its affiliates, partners, and resellers are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by EPI Engineering, Inc., its affiliates, partners, resellers, advertisers, licensors, and any association with its operators and is provided solely for your convenience. You agree that EPI Engineering, Inc., its affiliates, partners, resellers, advertisers, and licensors have no liability whatsoever from such third party sites and your usage of them. If you wish to suspend email from such sites, you must contact them directly.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EPI ENGINEERING, INC., ITS AFFILIATES, PARTNERS, RESELLERS, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EPI ENGINEERING, INC., ITS AFFILIATES, PARTNERS, RESELLERS, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EPI ENGINEERING, INC., ITS AFFILAITES, PARTNERS, RESELLERS, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless EPI Engineering, Inc., its affiliates, partners, resellers, advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, advertiser's sites, offers, gifts, the suitability of the information contained on or received through use of this site, or any services or products received through this site, or any violation of this Agreement. EPI Engineering, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with EPI Engineering, Inc. in asserting any available defenses.
EPI Engineering, Inc. may suspend or terminate this Agreement or your use immediately upon receipt of any notice which alleges that you have used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, EPI Engineering, Inc. may disclose the your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and EPI Engineering, Inc. shall not be liable for damages or results thereof and you agree not to bring any action or claim against EPI Engineering, Inc. for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by EPI Engineering, Inc. from its offices within the State of Texas, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from the State of Texas, U.S. of America, by accessing this site, both you and EPI Engineering, Inc. agree that the statues and laws of the State of Texas, U.S. of America shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and EPI Engineering, Inc. also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Houston, Texas, U.S. of America, and any legal proceedings shall be conducted in English. EPI Engineering, Inc. makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
PARENTAL FILTERING DEVICES
In accordance with 47 U.S.C. Sec. 230(d), parents are notified that there filtering devices which are commercially available that may assist parents in limiting access to material that is harmful to minors, such as www.netnanny.com, www.cyberpatrol.com, www.cybersitter.com.
CALIFORNIA USER CONSUMER RIGHTS
This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of EPI Engineering, Inc.. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.