Welcome to EpicSUP™.com and EpicSUP™ mobile services (the “EpicSUP™ Electronic Platforms”). The EpicSUP™ Electronic Platforms are hosted by EpicSUP™ and its parent, subsidiaries and affiliates (collectively, “EpicSUP™,” “we,” or “us”).
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the EpicSUP™ Electronic Platforms following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.
EpicSUP™® is a registered trademark of EpicSUP™ in the United States and other countries. The following marks indicated on the EpicSUP™ Electronic Platforms are trademarks or registered trademarks of EpicSUP™ in the United States and other countries, with all rights reserved.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all EpicSUP™ or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to EpicSUP™ or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the EpicSUP™ Electronic Platforms confers on you any license or right under any patent or trademark of EpicSUP™ or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the EpicSUP™ Electronic Platforms, and the selection, coordination, and arrangement of such content, are owned by EpicSUP™ or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the EpicSUP™ Electronic Platforms for any purposes. Nothing stated or implied on the EpicSUP™ Electronic Platforms confers on you any license or right under any copyright of EpicSUP™ or any third party.
The EpicSUP™ Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the EpicSUP™ Electronic Platforms, or use the contents of the EpicSUP™ Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of EpicSUP™ or its lawful successors and assigns. For usage permission, Contact Us.
Notice of Copyright Infringement
EpicSUP™’s Copyright Agent for notice of claims of copyright infringement on the EpicSUP™ Electronic Platforms is EpicSUP™’s General Counsel, who can be reached as follows:
Attn.: General Counsel
1804 Winter Park Road, Austin TX, 78746
License and Access to EpicSUP™ Electronic Platforms
EpicSUP™ grants you a limited license to access and make personal use of the EpicSUP™ Electronic Platforms and not to download (other than page caching) or modify it, or any portion of them, except with express written consent of EpicSUP™. This license does not include any resale or commercial use of the EpicSUP™ Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the EpicSUP™ Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the EpicSUP™ Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of EpicSUP™. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EpicSUP™ and our affiliates without express written consent. You may not use meta tags or any other hidden text using EpicSUP™’s name or trademarks without the express written consent of EpicSUP™. Any unauthorized use terminates the permission or license granted by EpicSUP™.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of EpicSUP™ so long as the link does not portray EpicSUP™ or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any EpicSUP™ logo or other proprietary graphic or trademark as part of the link without express written permission.
Third Party and Co-Branded Web Sites
The EpicSUP™ Electronic Platforms may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than EpicSUP™ (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, including affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from EpicSUP™ to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from the EpicSUP™ Electronic Platforms. EPICSUP™ IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the EpicSUP™ Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from EpicSUP™. As a condition of your use of the EpicSUP™ Electronic Platforms, you warrant that you will not use the EpicSUP™ Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the EpicSUP™ Electronic Platforms or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with EpicSUP™ or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using the EpicSUP™ Electronic Platforms, you agree not to violate or attempt to violate the security of the EpicSUP™ Electronic Platforms, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the EpicSUP™ Electronic Platforms;
Sending unsolicited email, including promotions and/or advertising of products or services,
Forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of Loss
All products purchased from the EpicSUP™ Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, EpicSUP™. Title to products purchased on the EpicSUP™ Electronic Platforms, as well as the risk of loss for such products, passes to you when EpicSUP™ delivers these items to the carrier.
EpicSUP™ attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of the EpicSUP™ Electronic Platforms are accurate, complete, reliable, current, or error-free. Most EpicSUP™ products displayed on the EpicSUP™ Electronic Platforms are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale via the EpicSUP™ Electronic Platforms may not be available in retail stores. Unless otherwise stated, the prices displayed at the EpicSUP™ Electronic Platforms are quoted in U.S. Dollars.
We have made every effort to display as accurately as possible the colors of our products that appear on the EpicSUP™ Electronic Platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any color will be accurate.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Texas, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Texas. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to EpicSUP™ or to products you purchase through EpicSUP™ shall be submitted to confidential arbitration in Austin, Texas, United States of America, except that, to the extent you have in any manner violated or threatened to violate EpicSUP™’s intellectual property rights, EpicSUP™ may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify, and hold harmless EpicSUP™ and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by EpicSUP™ arising out of or relating to your use of the EpicSUP™ Electronic Platforms, your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal Provisions
We may discontinue the EpicSUP™ Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the EpicSUP™ Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the EpicSUP™ Electronic Platforms at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and EpicSUP™ as a result of this Agreement or your use of the EpicSUP™ Electronic Platforms. Nothing contained in this Agreement is in derogation of EpicSUP™’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the EpicSUP™ Electronic Platforms or information provided to or gathered by EpicSUP™ with respect to such use. 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.
The failure of EpicSUP™ to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding the EpicSUP™ Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between EpicSUP™ and you regarding the EpicSUP™ Electronic Platforms and their contents.
All rights not expressly granted herein are hereby reserved.
EFFECTIVE DATE: October 18, 2011