Updated and effective as of March 9, 2020
By using the Site, including but not limited to, setting up a Site account or purchasing any products or services through the Site, you agree to be bound by these TOU. Use of the Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices. If you do not agree to be so bound, you are not authorized to use the Site. These TOU are a legal contract between you and Epic Industries and govern your access to and use of the Site together with any services offered through the Site. If you are using the Site on behalf of a business entity, you represent that you have the authority to bind the entity to this Agreement. Your rights to use the Site are limited by applicable federal, state, and local laws and regulations.
Epic Industries may offer promotions, sweepstakes, contests, services, or features that have their own terms, and to the extent any portion of those special terms conflict with these TOU, the special terms will govern for that specific portion.
The Site is intended for adults 18 years of age or older. By accessing the Site, you represent that you are 18 years of age or older.
In accordance with 47 U.S.C.§ 230, parents should be aware that there are parental control protections (such as computer hardware, software, or filtering services) that are commercially available that may assist them in limiting access to material that is harmful to minors. Examples of some of these protection services include Net Nanny https://www.netnanny.com Epic Industries in no way endorses or is responsible for these services.
By accepting these TOU and using the Site, you consent to receive electronically all communications or notices sent by Epic Industries with regard to the Site and these TOU to any email address you provide to us. It is your responsibility to update your contact information provided to Epic Industries. In order to receive electronic communications, you must have a working connection to the internet and meet any specifications required by your email service provider. Epic Industries may send communications in a non-electronic format in Epic Industries' discretion.
The epicwatchbands.com Site
Epic Industries, through the Site, sells watch bands designed to fit the Apple Watch. Epic Industries may from time to time sell other products or services through the Site. Epic Industries is not affiliated with Apple Inc. and does not sell bands or other products manufactured or endorsed by Apple Inc.
Information contained on the Site is provided for informational purposes only. You agree that you will only use the Site for its intended purposes, and not for other commercial ventures without first seeking approval from Epic Industries.
By using the Site, you may need to interact with other Site users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these TOU. Epic Industries is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Site.
Any and all Site services and products are subject to availability. While Epic Industries will try its best to make the Site content useful, Epic Industries does not warrant that any Site content will be useful or reliable. Epic Industries does not offer legal or financial advice through the Site. Nothing in these TOU nor on the Site is to be interpreted as legal or financial advice or guidance.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE SITE SERVICES AND PRODUCTS. EXAMPLES AND TESTIMONIALS ON THE SITE ARE NOT TO BE INTERPRETED AS PROMISES OR GUARANTEES OF RESULTS.
RESULTS WILL VARY PER USER/PERSON. Your level of success in attaining the results claimed in our materials depends on a number of factors. THESE FACTORS VARY ACCORDING TO USERS, AND THEREFORE, Epic Industries CANNOT GUARANTEE YOUR RESULTS.
Product Order Terms
Your purchase of any goods or products through the Site is subject to the terms and conditions stated on the applicable order form(s) and the applicable terms stated in these Terms. All prices are subject to change.
You may request a refund for products purchased through the Site in accordance with these Terms and the return policy page found at https://www.epicwatchbands.com/pages/return-policy
Epic Industries hereby grants you a revocable and nonexclusive right and license to use and access the Site (including any underlying software) in a manner that is consistent with the other terms in these TOU and the Site’s intended purposes. Epic Industries reserves the right to terminate this License for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in these TOU. Use of the Site by competitors is not authorized without express, written permission from us in advance of such access.
You may not use any Site content to establish any independent data files, databases, compendiums, or any other reference materials.
Epic Industries reserves the right to modify these TOU at any time without prior notice. We will not notify you of any such modifications by email or other personal contact, but we reserve the right to do so in our sole discretion. You should visit the Site from time to time to review the current TOU. By using the Site subsequent to any modification of these TOU, you agree to be bound by such modification(s).
Epic Industries does not represent that any of the Site content is completely accurate, and therefore any reliance on the Site is done at your own risk.
Intellectual and Other Property
Other than the exceptions referenced in these TOU or noted elsewhere, the major exception being user-generated content ("User Content") uploaded/posted by Site users which remains the property of the users, and trademarks of persons or entities other than Epic Industries, which remain the property of such persons or entities, all other content on the Site is the property of Epic Industries including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files (referred hereafter as "Epic Industries Content").
Certain elements of the Site, including but not limited to, text, graphics, photos, images, video, audio, color selections, and organization and layout, are copyright protected under United States and international copyright laws. Any Epic Industries Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without permission, except that you may print out one copy of each Site page solely for non‑commercial personal or educational use. No right, title, or interest in any Epic Industries Content is transferred to you as a result of you accessing, downloading, or printing such content from the Site. Any use of Epic Industries Content must display the appropriate copyright, trademark, and other proprietary notices.
You alone own and are solely responsible for all User Content you post, upload, or otherwise transmit (collectively "Post") through the Site and once Posted, it cannot always be withdrawn. You agree not to Post through the Site any User Content which is false, defamatory, infringes upon another party's intellectual property, or is otherwise illegal. By Posting User Content on the Site, you warrant and represent that you have the right to post such information and that such information is truthful and accurate.
Subject to the above limitation, by Posting User Content, you automatically grant, and warrant and represent that you have the right to grant, Epic Industries a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.
You assume all risks associated with your Posted User Content on the Site, including anyone's reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
If you Post or otherwise transmit to Epic Industries a testimonial statement and/or photographs depicting your results using any Epic Industries product, you grant, and warrant and represent that you have the right to grant, Epic Industries a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement and/or photograph for any purpose, including posting on the Services or using in any Epic Industries advertising materials.
By Posting or sending any testimonials or photographs of your results, you represent that the testimonial statement is true, that you used the Epic Industries product as directed, and that the photographs and testimonial accurately depict your experience using the Epic Industries product.
If you no longer wish Epic Industries to use your written testimonial statement, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.
If you received any kind of compensation, whether monetary, in the form of a free product, or otherwise, you must notify us of this fact when posting or sending your testimonial.
As provided in 47 U.S.C. § 230(c)(1), Epic Industries is only a distributer, and not the publisher or speaker, of any User Content. As such, Epic Industries cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available on the Site are those of their respective authors alone. Epic Industries does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Epic Industries be responsible for any loss or damage resulting from any person's reliance on any User Content.
Subject to the Section titled "Copyright Infringement Notification" below, regarding the DMCA, and subject to applicable law, Epic Industries reserves the right to remove or not remove any User Content from the Site for any reason or no reason at all, in Epic Industries' sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Epic Industries reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
Suggestions. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Epic Industries and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
You acknowledge that you have no right, title, or interest in or to the Site and/or Epic Industries Content.
Epic Watch Bands is a mark of Epic Industries. Other marks, names, and logos on the Site are the property of their respective owners.
There may be other content located on the Site not owned by Epic Industries, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Epic Industries.
Copyright Infringement Notification
If you believe that any content on the Site infringes your copyright and you want the content removed from the Site, may notify Epic Industries' designated copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Notifications of claimed infringement should be forwarded to Epic Industries' designated agent as follows: Troy F. Meyerson, 500 Energy Plaza, 409 S. 17th Street, Omaha, NE 68102, (402) 341-6000, firstname.lastname@example.org.
Alternate names the public may use to search for our designated agent include: EpicWatchBands.com, Epic Watch Bands, and Epic Industries.
After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.
Counter-Notification. If you posted or submitted material to Epic Industries which Epic Industries removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing the following information in writing to Epic Industries' designated agent listed above:
If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace or restore access to the material in 10 to 14 business days after our designated agent's receipt of the counter-notification, at our sole discretion.
Epic Industries reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.
Third Party Advertisements, Links to Third Party Sites, And Other Site Interaction
The Site may feature advertisements from third parties not affiliated with Epic Industries. The presence of any third party advertisements in no way implies: (1) any relationship or association between the advertisers and Epic Industries; or (2) that Epic Industries endorses or recommends the advertised companies, goods, and/or services. Epic Industries is not liable or responsible for any harm or damages you may suffer if your purchase or use any advertised goods or services. You purchase or use any advertised goods or services at your risk. If any of the advertisements contain links to third party sites, please continue reading the language in this section about external links.
The Site may contain links to external sites not controlled and/or affiliated with Epic Industries. If you use these links, you will leave the Site. Epic Industries provides these links to you only as a convenience. Epic Industries is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites. You access any linked sites at your own risk.
Epic Industries may also allow interaction between the Site and other third party sites such as Twitter and other social media sites. This may include "Like" buttons or other interactions through third party buttons or plugins on the Site that when used, may allow you to share content from the Site or other content with other persons on or through the third party sites or elsewhere. Please consult the privacy policies of these third party sites before using them to make sure you are comfortable with the level of sharing. Epic Industries has no control over these third party sites and you use these interaction functions at your own risk. Epic Industries is in no way liable for any harm to you as a result of using one of these interaction functions.
The Site may use or provide access to one or more third-parties to process payments, process account or user registrations, or provide other services. The use of such third-party services are subject to the third-party's terms of service. Any disputes arising regarding a third-party's services must be resolved directly between user and the third-party. Epic Industries disclaims all warranties or representations regarding any third-party services.
Epic Industries, in its sole discretion, and without notice to you, may subcontract any services to be performed by a third-party.
Other Prohibited Conduct
In connection with your access and/or use of the Site or any Site services, you agree not to:
The previous list of prohibitions is not exclusive. Epic Industries reserves the right to terminate your access to the Site or any Site services for any reason.
By accepting these TOU, you waive and hold harmless Epic Industries from any claims resulting from any action taken by Epic Industries during or as a result of Epic Industries' investigation and/or from any actions taken as a consequence of investigations by either Epic Industries or law enforcement related to your use of the Site.
Indemnity and Release
You agree to indemnify, defend and hold harmless Epic Industries, including its officers, directors, employees, affiliates, agents, licensors, representatives, suppliers, contractors, attorneys, and business partners ("Indemnified Parties"), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Epic Industries or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site and/or any Site goods or services, your breach of these TOU, the use of the Site by any person using your password, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TOU.
TO THE EXTENT ALLOWED UNDER THE LAW, IF A DISPUTE ARISES BETWEEN ONE OR MORE SITE USERS, EACH OF YOU RELEASE EPIC INDUSTRIES, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. TO THE EXTENT ALLOWED UNDER THE LAW, YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS [OR HER] FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM [OR HER] MUST HAVE MATERIALLY AFFECTED HIS [OR HER] SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY Epic Industries.
Disclaimer of Warranties / Limitation of Liability
YOUR USE OF THE SITE AND ANY SITE PRODUCTS IS AT YOUR OWN RISK.
TO THE EXTENT ALLOWED UNDER THE LAW, EPIC INDUSTRIES AND/OR ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE.
TO THE EXTENT ALLOWED UNDER THE LAW, EPIC INDUSTRIES AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT.
TO THE EXTENT ALLOWED UNDER THE LAW, EPIC INDUSTRIES AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE AND DISCLAIM ANY OBLIGATION, LIABILITY, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF EPIC INDUSTRIES.
TO THE EXTENT ALLOWED UNDER THE LAW, THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, ITS CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE. EPIC INDUSTRIES AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE SITE FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE.
TO THE EXTENT ALLOWED UNDER THE LAW, EPIC INDUSTRIES AND/OR ITS AFFILIATES DISCLAIM ANY LIABILITY FOR ANY DAMAGES WHATSOEVER INCURRED BY ANY SITE USER IN CONNECTION WITH THE USE OF ANY OTHER WEBSITE ACCESSED THROUGH THE SITE, AND DISCLAIMS ANY LIABILITY DERIVED FROM THE USE OF ANY LINKS THAT MAY APPEAR ON THE SITE.
TO THE EXTENT ALLOWED UNDER THE LAW, EPIC INDUSTRIES AND/OR ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE OR THAT SITE AND/OR ITS CONTENT WILL BE AVAILABLE AND/OR APPROPRIATE IN ALL AREAS. TO THE EXTENT ALLOWED UNDER THE LAW, EPIC INDUSTRIES AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE SITE AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE EXTENT ALLOWED UNDER THE LAW, THE SITE AND RELATED CONTENT, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE EXTENT ALLOWED UNDER THE LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ANY SITE GOODS OR SERVICES. TO THE EXTENT ALLOWED UNDER THE LAW, EPIC INDUSTRIES AND/OR ITS AFFILIATES MAKE NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.
TO THE EXTENT ALLOWED UNDER THE LAW, IN NO EVENT WILL EPIC INDUSTRIES OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF EPIC INDUSTRIES A-ND/OR ANY OF THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITE OR ANY SITE GOODS OR SERVICES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITE, ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, AND/OR ANY LINKS ON THE SITE.
TO THE EXTENT ALLOWED UNDER THE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EPIC INDUSTRIES OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO EPIC INDUSTRIES AND/OR THE AFOREMENTIONED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.
IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IF YOU ARE DISSATISFIED WITH ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, TO THE EXTENT ALLOWED UNDER THE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
ALL PROVISIONS IN THESE TOU ARE APPLICABLE TO THE EXTENT ALLOWED UNDER THE LAW.
U.S. Geographic Limitation
Epic Industries operates the Site from its headquarters in the United States, and the Site is intended only for users within the United States. If you use the Site outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any of those local laws. By using the Site, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in, and stored in the United States.
You acknowledge that any opinions and/or recommendations contained on the Site are not necessarily those of Epic Industries nor endorsed by Epic Industries. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON THE SITE IS DONE AT YOUR OWN RISK.
Epic Industries does not guarantee or promise that any opinions and/or recommendations on the Site are accurate or will be helpful to any issue you may have.
You agree that Epic Industries is not liable to you or anyone else for any harm that might arise as a result of using and/or implementing in any manner any of the opinions or recommendations found on the Site.
Epic Industries is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches or any other unauthorized access to Epic Industries' computer or network systems, including any Epic Industries hardware or devices, that may or may not result in the disclosure of your personal information you provided to us.
YOU AGREE THAT any and all disputes relating to these TOU, the Site, and/or any goods or services offered on or through the Site, are governed by, and will be interpreted in accordance with, the laws of California, without regard to any conflict of laws provisions.
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state or federal courts of California (closest to San Ramon, California) (USA) for any litigation arising out of or relating to these TOU or the use of the Site.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO waive any objection to the venue of any such litigation in the state or federal courts of California (closest to San Ramon, California).
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any California state or federal court (closest to San Ramon, California) that such litigation brought therein has been brought in an inconvenient forum.
YOU AGREE THAT Epic Industries will be irreparably injured if the provisions of this Agreement are breached by you and/or not specifically enforced.
YOU AGREE THAT if you commit or, in the belief of Epic Industries, threaten to commit, a breach of any of the provisions of this Agreement, Epic Industries and each of its subsidiaries shall have the right and remedy, in addition to any other remedy that may be available at law or in equity, to have the provisions of this Agreement specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Epic Industries and its subsidiaries, and that money damages will not provide an adequate remedy therefore.
YOU AGREE THAT any such injunction/specific performance referenced in the previous paragraph shall be available without the posting of any bond or other security, and you hereby consent to the issuance of such injunction.
YOU AGREE THAT if this Agreement is breached by you, Epic Industries will be entitled to recover its legal fees and costs incurred in the enforcement of this Agreement.
If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect.
These TOU constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Epic Industries, with respect to the Site.
If you violate any portion of these TOU, Epic Industries reserves the right, without an obligation to do so, to deny you access to the Site and/or remove any User Content you may have posted/uploaded on the Site. If Epic Industries terminates your access to the Site, Epic Industries may also delete your Site account. Epic Industries has the right to terminate any password-restricted account for any reason. If your Site account is terminated, you are prohibited from re-registering for a new Site account without first getting permission from Epic Industries.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend, terminate your Site account and access to the Site, and/or refuse to sell any products from the Site to you or provide any Site services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe, in our sole discretion, that your actions may cause financial loss or legal liability for you, our users, or us; or (d) for any other commercial reason or for no reason at all. We can also terminate this Agreement at any time, with or without cause.
Epic Industries' failure to enforce any portion of these TOU is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of these TOU.
Epic Industries reserves the right, without notice and reason, to take down or terminate the Site or otherwise revoke any and all access granted to you related to the Site. We may, at our sole discretion, require additional information or forms of identification and may use these to determine any limitations that may be placed on your use of the Site. You agree that Epic Industries is not liable to you or any other third party for this action.
Epic Industries does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site. You are solely responsible for obtaining access to the Site and any fees associated with such access (e.g., airtime charges, ISP fees, other third party fees, etc.). In addition, you must provide, and you are responsible for, all equipment necessary to access the Site.
You are free to text link to the Site so long as there is nothing deceptive or infringing about the link. Epic Industries may revoke this linking permission at any time and for any reason.
Certain software elements of the Site and related Site services may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
You agree that you will not assist or participate in any such diversion or other violation of applicable laws and regulations as referenced in the previous paragraph.
YOU AGREE THAT you will not permit or license anyone not approved under applicable law or regulations to receive controlled commodities, and that none of the materials on the Site are being, or will be, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or otherwise used for proscribed activities.
This Agreement does not create an agency, joint venture, partnership, fiduciary relationship, or any similar relationship between the parties, and neither party has the right or authority to act for, or on behalf of, the other party.
Neither party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, telecommunications or information services infrastructure failures, hacking, spam, any failure of a computer, server, or software, or acts or omissions of vendors or suppliers, beyond the control of the parties.
If you need to contact Epic Industries for any reason not already specified in these TOU, please use the following contact information: Customer Service / 5635 W Las Positas Blvd, Suite 409, Pleasanton, CA 94588 / +1 (925) 223-8555 / email@example.com.