Terms of Use — EPICC

Terms of service

These Terms of Use (the “Terms”) set forth the terms and conditions by and between EPICC Technologies LLC (hereinafter “EPICC”) and you, the user (“you”, “user”, “accountholder”).

Please read this Terms of Use agreement (the “Terms”) carefully. These Terms govern the use of the EPICC website and/or application and apply to all users visiting and using the EPICC website and/or application including using our Eligibility Application as well as any and all services and resources available or enabled via the EPICC website and/or application (each a “Service” and collectively, the “Services”). The term “you” or “your” refers to the individual or company, as applicable, identified as an accountholder (Accountholder”) when you registered with the EPICC website and/or application and created an account (“Account”, as further defined herein).

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY US AT OUR SOLE DISCRETION AT ANY TIME. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the EPICC website and/or application and/or the Services. Otherwise, your continued use of the EPICC website and/or application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

About EPICC’s Application.

EPICC Technologies LLC is pleased to present and provide to the public its application. The purpose of the application is to provide general educational assistance to persons with language disorders and/or cognitive deficits, including children and adults.

By using the EPICC Services, no professional-client relationship is created between the parties. You are not a client of EPICC.

EPICC IS NOT A MEDICAL SERVICE PROVIDER AND CANNOT, AND WILL NOT, DIAGNOSE, TREAT, PRESCRIBE TREATMENT, OR OTHERWISE RENDER MEDICAL OPINIONS. Consistent with the foregoing, EPICC believes in asserting that it provides general educational services. The Services are not meant to serve as professional advice and shall not be construed as professional advice. The facts and circumstances of every individual’s circumstances vary person to person and EPICC will not, and you agree EPICC will not, be liable or responsible for any damage you may suffer as a result of failing to seek competent advice from a qualified professional who is familiar with the exact circumstances of your situation.

Certain Restrictions.

The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the EPICC website and/or application or any portion of the Services, including, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Site trademarks or content (including EPICC-owned images, text, page layout or form) of EPICC; (c) you shall not use any metatags or other “hidden text” using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the EPICC website and/or application; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in or on the EPICC website and/or application (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the EPICC website and/or application for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the EPICC website and/or application in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the EPICC website and/or application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on, or in, the EPICC website and/or application. Any future release, update or other addition to the EPICC website and/or application shall be subject to the Terms. You further acknowledge and agree that (i) you will not access the EPICC website and/or application for the purpose of bringing a claim or action against EPICC including, but not limited to patent infringement or ADA compliance, and (ii) agree that violation of the foregoing will result in a fee of not less than $50,000. EPICC, our suppliers, and service providers reserve all rights not granted in the Terms. Any unauthorized use of the EPICC website and/or application (in addition to any other right or remedies) shall result in the automatic and immediate termination of the licenses granted by EPICC pursuant to the Terms.

Registration.

A. Registering Your Account.

In order to access certain features of the EPICC website and application, you are required to become an eligible registered Accountholder. For purposes of the Terms, an “Accountholder” is an end user of the Services (collectively, an “Accountholder” or “Accountholders”) who have successfully completed our Account Registration process and created an Accountholder account on the EPICC website and/or application (“Account”). Once you complete and submit your account registration, you have opted in to receive email communication from us. By becoming an Accountholder you represent that at all times during your Account, (including any Account renewal terms) you remain an eligible Accountholder under the Terms. Account is available only by a valid acceptance of users who have successfully completed the EPICC account registration process. As an Accountholder, you agree to provide, and represent that you have at all times provided, true, accurate, current, and complete information about yourself as prompted by the EPICC website and/or application's registration and verification form. We reserve the right to suspend, terminate, revoke or prohibit your Account for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms or the Privacy Policy.

B. EPICC Accountholders.

In general, Accountholders assert they are over the age of 18 years, of sound mind and body, and represent they fully understand and accept the Terms. However, EPICC’s application may be utilized by those with cognitive disabilities or who are deemed a minor in their jurisdiction. In such instances, by registering an account, the accountholder warrants and represents that if they are not of sound mind or of the age of legal majority in their jurisdiction, their parent or legal guardian has submitted the account information on behalf of such individual. Should EPICC learn that you are not of sound mind or under the age of majority in your jurisdiction, and do not have such parental or guardian consent, EPICC may suspend your access and delete your account in a timely manner.

C. Registration Data.

In registering an Account on the Services, you agree to (1) provide true, accurate, current and complete Registration Data about yourself as prompted by the registration form; and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (3) you are not a person barred from using the EPICC website and/or application under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify us immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or EPICC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the EPICC website and/or application (or any portion thereof). You agree not to create an Account using a false identity or eligibility information, or on behalf of someone other than yourself, unless you have permission from such person (and you agree that violation of the foregoing will result in a fee of not less than $5,000). You agree that you shall not have more than one Account at any given time. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the EPICC website and/or application if you have been previously removed by EPICC, or if you have been previously banned from the EPICC website and/or application.

D. Your Account.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in, and to, your Account are and shall forever be owned by and inure to the benefit of EPICC.

E. Account Restrictions

Your account may be limited, restricted, or controlled, depending on the account you choose to create. EPICC offers a variety of account types and will do its best to make you aware of what level of educational assistance a user may expect, based on the account they create on the EPICC application.

F. Personal Use

Using the EPICC website and/or application as an account holder is a privilege. Abuse of the website and/or application may result in the immediate suspension of your account, use of the application, or other negative actions.

G. Necessary Equipment and Software.

You must provide all equipment and software necessary to connect to the EPICC website and/or application, including but not limited to, a mobile device that is suitable to connect with, and use, with the EPICC website and/or application. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the EPICC website and/or application.

2. Ownership.

A. The EPICC website and/or application.

You agree that EPICC owns all rights, title and interest in the EPICC website and/or application and all content therein or thereon. You agree that you have no right or title in, or to, any such content or to the EPICC website and/or application. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights and notices incorporated in, or accompanying, the EPICC website and/or application or the Services.

B. Feedback.

You agree that submission of any ideas, suggestions, documents, and/or proposals to us through the EPICC suggestion, feedback, forum or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to EPICC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the EPICC website and/or application.

3. Account Holder Conduct.

A. Unauthorized Use or Access.

You agree that you will not, under any circumstances:

i. Interfere or attempt to interfere with the proper functioning of the EPICC website and/or application or connect to or use the EPICC website and/or application in any way not expressly permitted by the Terms;

ii. Systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;

iii. Use, display, mirror or frame the EPICC website and/or application, or any individual element within the EPICC website and/or application, EPICC’s name, any EPICC’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;

iv. Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information, from or through, the EPICC website and/or application or that is in transit, from or to, the EPICC website and/or application, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the EPICC website and/or application;

v. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the EPICC website and/or application, whether through the use of a network analyzer, packet sniffer or other device;

vi. Make any automated use of the EPICC website and/or application, or take any action that imposes or may impose, (at our sole discretion) an unreasonable or disproportionately large load on the infrastructure for the EPICC website and/or application;

vii. Bypass any robot exclusion headers or other measures we take to restrict access to the EPICC website and/or application, or use any software, technology or device to send content or messages, scrape, spider or crawl the EPICC website and/or application, or harvest or manipulate data;

viii. Use, facilitate, create, or maintain any unauthorized connection to the EPICC website and/or application, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the EPICC website and/or application; or (ii) any connection using programs, tools or software not expressly approved by us;

ix. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the EPICC website and/or application, or to obtain any information from the EPICC website and/or application;

x. Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

xi. Solicit, or attempt to solicit, personal information from other Accountholders or users of the EPICC website and/or application;

xii. Use the EPICC website and/or application to collect, harvest, transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information. or credit, debit, calling card or account numbers;

xiii. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the EPICC website and/or application to send altered, deceptive or false source-identifying information; or

xiv. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

B. Multi-Account Managers

The EPICC application permits some accounts to be limbo users, who may activate multiple sub accounts, and manage, view, and otherwise be aware of the user’s activities on those accounts. By utilizing an account that is managed by a Multi-Account Manager, you expressly acknowledge they may be aware of, monitor, and record your activities, progress, communications, and any data that may be derived from the EPICC application. Multi-Account Managers shall not abuse, misuse, or behave in a manner that is inconsistent with these terms and conditions. When creating any usernames, a Multi-Account Manager shall not use personally identifiable information such as full names.

4. General. In connection with your use of the EPICC website and/or application, you shall not:

A. Harm minors in any way;

B. Impersonate any person or entity, including, but not limited to, EPICC personnel, or falsely state, or otherwise misrepresent your affiliation with a person or entity;

C. Intentionally, or unintentionally, violate any applicable local, state, national or international law or regulation, or any order of a court;

D. Stalk or otherwise harass any other Accountholder or user of the EPICC website and/or application;

E. Distribute or make the Application available over a network where multiple devices and/or unauthorized entities may wrongfully utilize the Application; or

F. Advocate, encourage, or assist any third party in doing any of the foregoing activities in this section.

5. Personal Information Storage.

EPICC’s application offers a variety of services, including a memory journal to assist those suffering from memory loss, damage, or difficulty. Any and all information inserted into such memory service will be stored, when possible, on the personal device of the user who has logged into their account and EPICC will have limited, if any access to such. Should your account not be logged into after 2 calendar weeks, EPICC may initiate a destruct sequence to wipe the memory service from your personal device, in order to protect any and all personal and closely held information. Should EPICC become aware that criminal or illicit information is being stored on the application, it reserves the right to notify law enforcement in a timely manner.

6. Fees.

Fees for the use of the EPICC application are charged when you purchase the application through the applicable marketplace. As a general policy the purchase price is nonrefundable. You warrant and represent that you shall not commence a ‘chargeback’ or open a dispute against EPICC relating to the purchase of the application. For any goods, merchandise, materials, or additional services, you agree to provide the necessary and proper information by which EPICC may commence a charge, and authorize such charge against your preferred method of payment. This clause may be updated from time to time and as EPICC adjusts its policies relating to fees.

7. Subscription Fees.

As required, purchases of the EPICC application or products may be subject to a one-time fee, or ongoing and periodic subscription fees. Such subscription fees shall be subject to these terms.

All subscription fees are nonrefundable. Subscription fees may be lowered or increased with 14 calendar days’ notice, to take effect on the next billing cycle. Billing cycles may be biweekly or monthly, as determined by the subscription the user elects to acquire.

Subscription fees may vary by the user’s account. Accounts with more features or functionalities will have higher rates compared to more basic accounts with limited features.

At the sole discretion of EPICC, some or all of accounts may have a 30-day trial offer made available for first time users. Such offer shall be solely for the user to sample the account as upgraded or unlocked for functionality, and the user agrees to abide by the terms and conditions set forth herein, and should you opt to not maintain the account after the trial month, you agree that EPICC may opt to delete the account or bar the user from accessing it. Should a user opt to purchase the subscription plan that they are trialing, they will lose the remaining free period and transition immediately to the subscription plan. Should you cancel the trial program or alter requested information, you will lose access to the account immediately, without recourse.

8. Subscription Renewal & Cancellation.

Subscription plans and accounts subject to subscription plans are automatically renewed and the user’s credit card or other financial instrument utilized in purchasing the plan will be charged on a scheduled basis, subject to the type of plan purchased. Users may cease the subscription 24 hours prior to the next billing term. Otherwise, any plan cancellation shall not be refunded on a pro rata basis, but shall be deemed to expire 24 hours prior to the next renewal period. During such period users may continue to utilize the subscription plan.

Please be aware that EPICC cannot detect when an application has been removed from a device, and you must notify EPICC of your intent to cancel your account or utilize the account cancellation function on the EPICC application. Otherwise billing will continue until a valid cancellation notice has been received.

9. Indemnification.

You agree to indemnify and hold EPICC, its parent companies, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “EPICC Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to, or arising out of, (a) your use of, or inability to use, the EPICC website and/or application; (b) your violation of the Terms; (c) your violation of any rights of another party, including any end users of the Services; (d) your violation of any applicable laws, rules or regulations; or (e) any disputes or claims between you and any other Accountholder. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any of the EPICC Parties for any unconscionable commercial practice or willful misconduct by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the EPICC website and/or application or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the EPICC website and/or application.

10. Disclaimer of Warranties and Conditions.

As Is.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE EPICC WEBSITE AND/OR APPLICATION IS AT YOUR SOLE RISK, AND THE EPICC WEBSITE AND/OR APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE EPICC PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE, APPLICATION OR SERVICES.

i. THE EPICC PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE EPICC WEBSITE AND/OR APPLICATION WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF EPICC PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE EPICC WEBSITE AND/OR APPLICATION WILL BE ACCURATE OR RELIABLE.

ii. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. EPICC MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

iii. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE EPICC WEBSITE AND/OR APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

iv. FROM TIME TO TIME, WE MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT OUR SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

No Liability for Conduct of Third Parties.

YOU ACKNOWLEDGE AND AGREE THAT THE EPICC PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE EPICC PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

11. Limitation of Liability.

A. Disclaimer of Certain Damages.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE EPICC PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH THE EPICC SITE, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT EPICC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE TERMS OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE EPICC WEBSITE AND/OR APPLICATION, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE EPICC WEBSITE AND/OR APPLICATION; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE EPICC WEBSITE AND/OR APPLICATION; (3) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EPICC WEBSITE AND/OR APPLICATION; OR (5) ANY OTHER MATTER RELATED TO THE EPICC WEBSITE AND/OR APPLICATION, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN EPICC PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN EPICC PARTY’S NEGLIGENCE; FOR(B) ANY INJURY CAUSED BY A EPICC PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY DAMAGES THAT CANNOT BE DISCLAIMED BY APPLICABLE LAW.

B. Cap on Liability.

UNDER NO CIRCUMSTANCES WILL THE EPICC PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO US OR THE EPICC PARTIES BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN EPICC PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THE ASSOCIATED EPICC PARTIES NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN EPICC PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

C. Accountholder Information.

EXCEPT FOR EPICC’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN OUR PRIVACY POLICY, EPICC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY PERSONALIZATION SETTINGS.

D. Basis of the Bargain.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN EPICC AND YOU.

12. Remedies.

A. Violations.

If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on, or in, the EPICC website and/or application in our possession in connection with your use of the EPICC website and/or application, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to your requests for customer service, or (4) protect the rights, property or personal safety of EPICC, our Accountholders or the public, and all enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate.

B. Breach.

In the event that we determine, in our sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the EPICC website and/or application, we reserve the right to:

i. Warn you via e-mail (to any e-mail address you have provided to us) that you have violated the Terms;

ii. Discontinue your registration(s) with any of the EPICC website and/or application, including any Services;

iii. Pursue any other action which we deem appropriate.

13. Term and Termination.

A. Term.

The Terms commence on the date you accept, and remain in full force and effect, while you use the EPICC website and/or application, unless terminated earlier in accordance with the Terms.

B. Prior Use.

Notwithstanding the foregoing, if you used the EPICC website and/or application prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the EPICC website and/or application (whichever is earlier) and will remain in full force and effect while you use the EPICC website and/or application.

C. Termination of Services by EPICC.

If timely payment cannot be charged for any reason, if you have materially breached any provision of the Terms, or if we are required to do so by law, (e.g., where the provision of the EPICC website and/or application or the Services is, or becomes, unlawful), we have the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made at our sole discretion and that we shall not be liable to you or any third party for any termination of your Account.

D. Termination of Services by You.

If you want to terminate the Services provided by us, you may do so by ceasing to use the Services which can be completed within your Account profile or otherwise properly notifying us.

E. Effect of Termination.

Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. We will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

F. No Subsequent Registration.

If your registration(s) with or ability to access the EPICC website and/or application is discontinued by us due to your violation of any portion of the Terms, then you agree that you shall not attempt to re-register with, or access, the EPICC website and/or application through use of a different accountholder name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to the EPICC website and/or application to which your access has been terminated. In the event that you violate the immediate preceding sentence, we reserve the right, at our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

14. International Users.

The EPICC website and/or application can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that we intend to announce such Services in your country. The EPICC website and/or application is controlled and offered by us from our facilities in the United States of America and for purchases taking place by Accountholders domiciled in the United States and, therefore, we make no representations that the EPICC website and/or application is appropriate or available for use in other locations, or complies with laws or regulations in such other countries. Those who access or use the EPICC website and/or application from other countries do so at their own volition and are responsible for compliance with local law.

15. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with EPICC and limits the manner in which you can seek relief from us.

A. Applicability of Arbitration Agreement.

You agree that any dispute or claim relating in any way to your access or use of the EPICC website and/or application, to any products sold or distributed through the EPICC website and/or application, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you, or us, may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose, or were asserted, before the Effective Date of this Arbitration Agreement or any prior version of this Agreement.

B. Arbitration Rules and Forum.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and Procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

C. Authority of Arbitrator.

The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forums rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

D. Waiver of Jury Trial.

YOU AND EPICC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.

E. Waiver of Class or Other Non-Individualized Relief.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsections limitations as to a given claim for relief, then the associated claim must be severed from the arbitration and brought into the State or Federal Courts located in Montgomery County, Maryland. All other claims shall be arbitrated.

F. 30-Day Right to Opt-Out.

You have the right to opt out of the provisions of this Arbitration Agreement by sending notice of your decision to opt out to the following address: info@epicctech.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

G. Severability.

Except as provided in subsection 14.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

H. Survival of Agreement.

This Arbitration Agreement will survive the termination of your relationship with us.

Limited Use License.

Permission is granted to temporarily download a copy of EPICC’s materials (including services, images, and open processes) on EPICC’s web site solely for personal and non-commercial viewing. This is the grant of an extremely limited license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display. You may not attempt to decompile, or reverse engineer any software contained on EPICC’s website; remove any copyright or other proprietary marks from EPICC materials; or transfer EPICC materials to another person, or “mirror” the materials on any server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by EPICC at any time, without warning or notice. At the end of your temporary usage of the EPICC materials you must destroy any downloaded materials in your possession whether in electronic or printed format. In specific and narrow instances wherein a person with a valid instructor account, license, or express permission from EPICC must demonstrate functionality of the EPICC application to another, valid user, the person with permission may utilize a third-party program to film or display the EPICC application in use, so long as such activity is not recorded nor otherwise undermines or violates the intellectual rights and interests of EPICC.

Copyright.

The Services provided by EPICC are protected by copyright compilation of works, which are compiled, managed, and processed together. The aforementioned Services, and the rights thereof, are protected pursuant to U.S. state and federal laws, international conventions, and other copyright laws. All materials contained in the Services are protected by copyright, and are owned or controlled by EPICC or the party credited as the provider of the Content. Some of the images used by the Services are licensed from third-party stock image sites and EPICC may not assert ownership of such images and you are cautioned and advised to contact the owner of such images prior to utilizing them. You shall abide by any and all additional copyright notices, information, or restrictions contained in any Content in the Services. Copying, storing or usage of any Content for other than personal and wholly noncommercial use is expressly prohibited unless you have received the prior written permission from EPICC or the copyright holder identified in the individual content’s copyright notice, when such notice is provided.

Modification.

Notwithstanding any provision in this Agreement to the contrary, you agree that if we make any future material changes to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing or emailing us, pursuant to the notice procedure described above.

Suspension of Services.

EPICC may, at its sole discretion, suspend, change, cancel, or otherwise discontinue any or all of the Services at any time, including the availability of the application, website, services, helpline, info email, and other content. EPICC may, at its sole discretion, impose limitations on certain features and services or otherwise restrict your access to the website or parts of the application.

HIPAA PROTECTED INFORMATION.

EPICC acknowledges that while it aims to provide general assistance to those with language disorders and/or cognitive deficits, it is no more than a general education provider. Consistent with the foregoing, EPICC is NOT a medical provider, or an entity prepared to handle, receive, or store information that is covered under the Health Insurance Portability and Accountability Act (“HIPAA”). To that end, should you place any information into the website or application that is covered under HIPAA, EPICC will delete it in a reasonably and timely manner. Should you provide any information to EPICC via mail, email, or in a phone conversation, EPICC will remove it as soon as reasonably possible.

Electronic Communications.

Any communications between you and us by electronic means, whether you visit the EPICC website and/or application or send us e-mails, or whether we post notices on the EPICC website and/or application or communicate with you via e-mail shall, for contractual purposes, you agree as follows (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Release.

You hereby release the EPICC Parties and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to, or arises from, activities you or those under your guidance, oversight, control, supervision, or under your assistance via the EPICC website and/or application. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by us or an EPICC Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the EPICC website and/or application or any Services provided hereunder.

Assignment.

The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Force Majeure.

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, pandemics, declared national or state emergencies, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Questions, Complaints, Claims.

If you have any questions, complaints or claims with respect to the EPICC website and/or application, please contact us at: info@Epicctech.com. We will do our best to address your concerns. If you feel that your concerns have not been completely addressed, we invite you to let us know for further investigation.

Exclusive Venue.

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and EPICC agree that all claims and disputes arising out of, or relating to the Terms, will be litigated exclusively in the state or federal courts located in Montgomery County, Maryland.

Governing Law.

THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF MARYLAND, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.

Notice.

Where we require you to provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to us at the following email address: info@Epicctech.compursuant to the notice procedures described above. Such notice shall be deemed given when received by us at the above email address.

Waiver.

Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Severability.

If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

California Consumers.

Pursuant to California Civil Code § 1789.3, California users of the EPICC website and/or application are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, by telephone at (916) 445-1254 or (800) 952-5210 or facsimile at (916) 574-8676.21. If you have questions regarding our Terms its implementation, failure to adhere to these Terms and/or our general practices, please contact us at info@Epicctech.com.

Entire Agreement.

The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

The Terms were last updated: April 15, 2020.