1574 Coburg Rd., #779
Eugene, OR 97401
Hours:M - F 8 am to 6 pm EST
Telephone: 888.336.EPAC (3722)
Support: Option 4
Sales: Option 1
This policy was last modified on December 4, 2019.
“Access” means the displaying of any landing pages, using and/or viewing the EPAC Software and otherwise obtaining information on or from the EPAC Software.
“Account” means a collection of data related to a User and/or Subscriber that is first created upon User requesting either subscription, access, billing, or customized products and services, as well as record-keeping of other User transactions.
“EPAC Properties” means the content, programs and services, as well as the underlying design, applications, software, web platforms and “look and feel,” offered in all forms and media through the Licensed Software. “EPAC Software” means the Licensed Software and EPAC Properties.
“Quote” means those terms and conditions of the purchase of the license, hosting and support and maintenance obligations agreed upon by EPAC and the Subscriber.
“Subscriber” means any person or entity that purchases Access to or use of the EPAC Software through a subscription plan offered by EPAC.
“User – means any party who accesses the EPAC Software, including you.
Notwithstanding this limited license, you agree that EPAC owns and retains all rights to the EPAC Software. You further agree that: the content (text, graphics and images), programs and services you access and view as part of the EPAC Software, are each and all owned or controlled by EPAC (and EPAC’s licensors); no title to the EPAC Software shall pass to you hereunder; each and all are protected by copyright, trademark, and other intellectual property laws; each and all may be retrieved and used solely for your own personal, noncommercial use.
You further agree that under this limited license, you may not otherwise copy, reproduce, modify, reverse-engineer, disassemble, decompile, store in a retrieval system, retransmit in any form through any means, translate into any language or computer language, or distribute, transmit, republish, remove, alter, display, perform or use the EPAC Software (and any of the content, programs and services therein), including the proprietary and intellectual property notices within the EPAC Software, for any other purposes than allowed herein, without the express written consent of EPAC.
Each Subscriber may only allow its employees, agents and customers to access the content, programs and services through the EPAC Software according to the terms and conditions set forth in the Quote or Other Agreements. If the Subscriber’s license terminates or has its license terminated by EPAC, then the Subscriber’s affiliated Users (including employees, agents and customers) shall no longer be licensed to use said content, programs and services.
You hereby grant EPAC a limited, royalty-free, fully paid up, perpetual, nonexclusive, transferable license to use any material, information, text, graphics, comments or other data that you post or upload (“User Content”) as necessary to provide the appropriate services for the Subscriber. The forgoing license grant shall allow EPAC to aggregate and otherwise use User Content to improve EPAC’s services and for EPAC’s research and development purposes.
You agree not to upload or place any User Content, either your own or that of a third party, on any page of the EPAC Software which infringes or violates the rights of any third party, including but not limited to third-party copyrights, trademarks, trade secrets, patents, proprietary and/or confidential information, public and professional reputation, and personal right to privacy. If you believe that any proprietary, intellectual property and/or personal rights are violated by any posting on the EPAC Software, you must contact EPAC immediately at support@EPACst.com
The Subscriber and affiliated Users shall be subject to the terms and conditions set forth in the Quote and Other Agreements, with respect to any subscription plan, billing and number of authorized users.
You agree that the EPAC Software shall not be used to do any of the following:
EPAC does not monitor or edit content, but EPAC retains the right to remove any content that EPAC deems inappropriate, illegal, or which may infringe upon the rights of any third party. Violations of any of the above user responsibility guidelines could lead to the suspension or deactivation of your EPAC account.
The EPAC Software comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. EPAC and its officers, affiliates, agents and assignees make no representations about the results to be obtained from using the EPAC Software. The use of the EPAC Software is at your own risk.
THE EPAC SOFTWARE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EPAC, TO THE FULLEST EXTENT PERMITTED BY EQUITY AND LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. EPAC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE EPAC SOFTWARE.
IN NO EVENT SHALL EPAC OR ITS AFFILIATES, AGENTS OR ASSIGNEES, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES)) RESULTING FROM THE USE OF OR INABILITY TO USE THE EPAC SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY OR THEORY OF EQUITY.
EPAC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE EPAC SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE EPAC SOFTWARE ARE FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
THIS PROTECTION COVERS EPAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
EPAC ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, PERFORMANCE, NON-PERFORMANCE INTERRUPTION, INFECTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTER-EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD-PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS, “CLOUD” STORAGE SERVICE-PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF EPAC.
IF, NOTWITHSTANDING THE FOREGOING, EPAC SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THE EPAC SOFTWARE, THE TOTAL LIABILITY OF EPAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED THE AMOUNT ACTUALLY PAID BY THE SUBJECT SUBSCRIBER WITHIN THE THREE MONTHS PRECEDING THE DATE THE CLAIM WAS MADE. IN NO EVENT SHALL EPAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE.
Software and the transmission of applicable technical data, if any, in connection with the EPAC Software are subject to export and re-export control laws including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside, including but not limited to NOT: selling, exporting, re-exporting, transferring, diverting or otherwise disposing of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
EPAC may provide hyperlinks to third-party licensed software as a convenience to users of the EPAC Software. EPAC may post, alter or remove third-party links at any time. EPAC does not control third-party licensed software and is not responsible for the contents of any linked-to third-party licensed software or any hyperlink in a linked-to site.
EPAC Software, Inc.
1574 Coburg Rd., #779
Eugene, Oregon 97401