Agreement Between User and Epic Skills Educational Technologies
Welcome to www.epicskills.com. The www.epicskills.com website (the "Site") is comprised of various web pages operated by Epic Skills LLC, www.epicskills.com is an E-Commerce Site. Epic Skills is here to distribute a service for IT consulting and training. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
1. Additional Terms May Apply to You
If you are an Epic Skills student, or an Epic Skills staff member or faculty, you must comply with these Terms of Use and all other applicable policies when you use our site. In addition, we may require you to follow additional rules, guidelines, or other conditions to sign up to use various special features or password-protected areas of our site. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.”
2. Feedback
“Feedback” refers to information you submit to us through our Sites that is specifically about how we can improve our Sites and the courses, information, and services we make available through our Sites. Although we do not claim ownership of User Generated Content you post on or through our Sites, the Feedback you provide to us through our Sites will be and remain our exclusive property. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display, or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any Feedback that you do not wish to assign to us.
3. No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.epicskills.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Epic Skills that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Epic Skills or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Epic Skills content is not for resale. You agree not to upload or transmit through our Sites any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. We reserve all rights and remedies available to us. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Epic Skills and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Epic Skills or our licensors except as expressly authorized by these Terms.
4. Your Account
If you use this site or any other site maintained by Epic Skills, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Epic Skills is not responsible for third party access to your account that results from theft or misappropriation of your account. Epic Skills and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion on misuse.
5. Electronic Communications
Visiting www.epicskills.com, sending emails to Epic Skills constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
6. Children Under Thirteen
Epic Skills does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you may use www.epicskills.com only with the permission of a parent or guardian. In addition, you have choices about the types of email communications you receive and the way your online activities are tracked.
7. Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Epic Skills has no obligation to monitor the Communication Services. However, Epic Skills reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Epic Skills reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever. Epic Skills always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Epic Skills sole discretion. Always use caution when giving out any personally identifying information about yourself or your family members in any Communication Service. Epic Skills does not control or endorse the content, messages or information found in any Communication Service and, therefore, Epic Skills specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Epic Skills spokespersons, and their views do not necessarily reflect those of Epic Skills. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
8. Links to Third-Party Sites/Third-Party Services
www.epicskills.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Epic Skills, and Epic Skills is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Epic Skills is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Epic Skills of the site or any association with its operators. Certain services made available via www.epicskills.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.epicskills.com domain, you hereby acknowledge and consent that Epic Skills may share such information and data with any third party with whom Epic Skills has a contractual relationship to provide the requested product, service, or functionality on behalf of www.epicskills.com users and customers.
9. Materials Provided to www.epicskills.com or Posted on Any Epic Skills Web Page
Epic Skills does not claim ownership of the materials you provide to www.epicskills.com (including feedback and suggestions) or post, upload, input or submit to any Epic Skills Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Epic Skills, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to:
Copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission.
Publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Epic Skills is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Epic Skills sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
10. Third-Party Accounts
You will be able to connect your Epic Skills account to third-party accounts. By connecting your Epic Skills account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
11. International Users
The Service is controlled, operated, and administered by Epic Skills from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Epic Skills Content accessed through www.epicskills.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
12. Indemnification
You agree to indemnify, defend and hold harmless Epic Skills, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Epic Skills reserves the right, at its 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 Epic Skills in asserting any available defenses.
13. Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
14. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL’S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Epic Skills agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
15. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EPIC SKILLS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. EPIC SKILLS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EPIC SKILLS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EPIC SKILLS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF EPIC SKILLS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
16. Termination/Access Restriction
Epic Skills reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Epic Skills because of this agreement or use of the Site. Epic Skills performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Epic Skills right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Epic Skills with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Epic Skills with respect to the Site and it supersedes all previous or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Epic Skills with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
17. Changes to Terms
Epic Skills reserves the right, in its sole discretion, to change the Terms under which www.epicskills.com is offered, as well as the websites maintained under Epic Skills. The most current version of the Terms will supersede all previous versions. Epic Skills encourages you to periodically review the Terms to stay informed of our updates.
If you have any questions or concerns about these Terms and Conditions, please contact us at [email protected].
This Terms and Conditions agreement outlines the terms and conditions under which users may access and use the www.epicskills.com website and the services provided by Epic Skills LLC. Users are encouraged to read and understand these terms carefully before using the site or its services.