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Terms of service

Terms of Use

Last Updated: August 2, 2020

Thank you for using EpiClip, Inc.’s website at www.BuyEpi2Go.com (“Epi2Go”).  These Terms of Service (the “Terms”) and our Privacy Policy (at https://buyepi2go.com/about/privacy) govern your use of Epi2Go, so please read them carefully before using Epi2Go.  

If you purchase an Epi2Go product, your limited exchange and warranty policy, which governs your purchase (“Epi2Go Return / Exchange, Limited Warranty Policy”) is found at https://buyepi2go.com/about/warranty.

By using Epi2Go, you agree to be bound by these Terms. If you do not agree to these Terms, do not use Epi2Go. If you are using Epi2Go on behalf of an organization (such as your employer), you are agreeing to these Terms for that organization, and are indicating that you have the authority to bind that organization to these Terms – if so, “you” and “your” will refer to that organization.

We may revise the Terms from time to time. If a revision is material, as determined solely by us, we will notify you (for example via email to the email address associated with your account). Other changes may be posted on our website, so please check that regularly. The most current version will always be posted on our Terms page. By continuing to use Epi2Go after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using Epi2Go.

Your Information and Responsibilities

You may use Epi2Go only if you are 13 years or older and are not barred from using Epi2Go under applicable law.

Epi2Go Intellectual Property Rights

Epi2Go exclusively own Epi2Go, including all associated intellectual property rights. You acknowledge that Epi2Go is protected by copyright, trademark, its product by patents, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying Epi2Go.

General Prohibitions

You agree not to do—or attempt to do—any of the following:

  • Access, tamper with, or use non-public areas of Epi2Go, Epi2Go’s computer systems, or the technical delivery systems of Epi2Go’s providers;
  • Decipher, decompile, disassemble, or reverse engineer any of the software used by Epi2Go;
  • Probe, scan, or test the vulnerability of any Epi2Go system or network or breach any security or authentication measures;
  • Interfere with, or attempt to interfere with, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, or mail bombing Epi2Go;
  • Access or search Epi2Go or download any intellectual property from Epi2Go through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than our publicly supported interfaces;
  • Plant malware or use Epi2Go to distribute malware;
  • Send any unsolicited communications, promotions, advertisements, or spam;
  • Send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
  • Post or transmit anything that is fraudulent or misleading, or that infringes on others’ rights;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate the privacy of others;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the above.

Although we are not obligated to monitor access to or use of Epi2Go, we have the right to do so for the purpose of operating Epi2Go, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects Epi2Go. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Termination

We may suspend Epi2Go or terminate your access to and use of Epi2Go, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use Epi2Go in any way that would cause us legal liability or disrupt others’ use of Epi2Go. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You may cancel your account at any time by sending an email to info@buyepi2go.com.

Warranty Disclaimers

EPI2GO’S INTELLECTUAL PROPERTY IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT EPI2GO WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.

Indemnity

You will indemnify and hold harmless Epi2Go and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of Epi2Go’s content; or (ii) your violation of these Terms.

Limitation of Liability

NEITHER EPI2GO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING EPI2GO, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE EPI2GO’S INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EPI2GO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL EPI2GO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE EPI2GO OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO EPI2GO FOR USE OF EPI2GO OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO EPI2GO, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EPI2GO AND YOU.

Dispute Resolution

  • Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions.

  • Agreement to Arbitrate

You and Epi2Go agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of Epi2Go (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Southern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Epi2Go are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Epi2Go otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

  • Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

  • Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

  • Arbitration Location and Procedure

Unless you and Epi2Go otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Epi2Go submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

  • Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Epi2Go will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

  • Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Epi2Go will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

  • Changes

Notwithstanding the provisions of the “Modification” section above, if Epi2Go changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@buyepi2go.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Epi2Go’s notice to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Epi2Go in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms (and if applicable the Epi2Go Return / Exchange, Limited Warranty Policy) constitute the entire and exclusive understanding and agreement between Epi2Go and you regarding Epi2Go, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Epi2Go and you regarding Epi2Go, either before or after reviewing these Terms. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Epi2Go’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Epi2Go may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Epi2Go under these Terms, including those regarding modifications to these Terms, will be given: (i) by Epi2Go via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Epi2Go’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Epi2Go. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms, please contact us at:

Epi2Go, Inc.
5776 Ruffin Road
San Diego, CA 92123
United States
info@buyepi2go.com