1. Scope of Agreement
2. Accounts and Account Information
2.1.In order to access certain parts of the Site (such as sections available only to members) or use certain Services (such as educational webinars or eCourses), you are required to create an account through the Site. If you create an account, you will be required to provide us with certain information, which may include, but is not limited to, your name and a valid email address. When creating an account, you agree to provide only accurate information about yourself and to keep the information you provide up-to-date. If you open an account on behalf of a company, organization, or entity, then: (a) the term “you” as used herein includes you and that company, organization, or entity; (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in this Agreement and to bind the company, organization, or entity to the terms of this Agreement; and (c) you agree to the terms of this Agreement on behalf of the company, organization, or entity. You are responsible for maintaining the security and confidentiality of your account login information, and you agree not to authorize anyone else to use your account login information, including your account password. You are solely responsible for all actions taken under or in connection with your account, whether by you, or by any third party acting with or without your permission. You agree to notify us promptly in the event you learn of any unauthorized use of your account. By creating an account, you agree that you may receive electronic communications from us, our partners and our affiliates, including, but not limited to, account notices, updates about the Site or Services, offers, and newsletters.
2.2.We reserve the right to immediately terminate or restrict use of your account or your use of the Site at any time, with or without notice or liability, if we determine in our sole discretion that you have breached this Agreement, violated any applicable law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.
3. Access to and Use of the Site
3.1.License Grant to You. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and the Services solely (i) for your personal, non-commercial educational purposes, and (ii) in accordance with the terms of this Agreement. All rights not expressly granted in this Agreement are reserved by us. You may not reproduce, publish, transmit, broadcast, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, the Site or any of the Eppterprise Content (defined below) without our express, written consent. For example, courses provided as part of the Services are licensed, and not sold, to you. The license provided does not give you any right to resell or redistribute the course in any manner (including, for example, by sharing your account information with a third-party purchaser or downloading the course and sharing it on third-party sites).
3.2. Restrictions on Your Access to and Use of the Site and the Services. In connection with your access to or use of the Site and the Services, you are prohibited from:
Violations of system or network security may result in civil or criminal liability. Eppterprise will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
3.3. User Content and License Grant to Us. When you submit, post, or transmit any information, content, materials or data to or through the Site or the Services (“User Content”), you are not forfeiting any ownership rights you may have in the User Content. However, by submitting User Content on or through the Site or the Services, you hereby grant Eppterprise and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, sell or participate in the sale of or exploit in any way, and display, in whole or in part, such User Content, including, but not limited to, in any media or through any distribution methods (existing now or later developed). You waive and relinquish any right that you may have to inspect, examine or approve any uses of your User Content by Eppterprise in connection with the Site or Services, and the advertising or promotion thereof. You further waive and relinquish any and all claims that you may now or hereafter have in any jurisdiction to so-called “moral rights” or rights of “droit moral” against Eppterprise with respect to the results and proceeds of the User Content and agree that Eppterprise may combine, alter or modify, without limitation, such User Content. You represent and warrant that you own or have obtained all necessary rights and/or licenses to User Content that you transmit, and that our use of such User Content as authorized under this Agreement does not violate or infringe upon the rights of any person or entity. You are solely responsible for creating backups of any User Content. In no event will Eppterprise be liable to you for any lost, damaged, altered or destroyed User Content. If you are a company, organization, or entity, you hereby grant Eppterprise and its affiliates a non-exclusive, royalty-free, perpetual license to use your name, logo and/or trademark, without further notice, in connection with our promotional, sales, and marketing materials solely to identify you as our customer or contributing guest. Such marketing materials may include, but are not limited to, the Site homepage.
3.4.Communications With Other Users. Some areas of the Site or Services may permit you to post messages to, and interact with, other users of the Site or Services, such as through forums, chat rooms, commenting mechanisms, or messaging applications. Your use of any such communication methods is subject to and governed by this Agreement. By using any of the communication methods we make available to you, you acknowledge and agree that: (a) all such communication methods constitute public, and not private, means of communication between you and the other party or parties; (b) any communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Eppterprise in any manner; and (c) Eppterprise has no obligation to monitor, review, filter or screen such communications in any manner, but reserves the right to do so at any time in its sole discretion. You should not include sensitive information or other information you would not want made public, in any such communications. You further agree to abide by the following rules:
Eppterprise may terminate or suspend your access to the Site or Services if it determines, in its sole discretion, that you have violated any of the above rules.
4. Ownership and Intellectual Property Rights
The Site, the Services, and all information, content, and materials offered on or through the Site or the Services, including, but not limited to, podcasts, webcasts, text, images, videos, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Site or accessible through the Site or the Services, other than User Content (collectively, “Eppterprise Content”), is the property of Eppterprise or its licensors. No right, title or ownership interest in any Eppterprise Content is transferred to you by way of this Agreement or otherwise, other than the limited license to access and view the Eppterprise Content granted herein. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Eppterprise Content or the Site. The EPPTERPRISE trademark and any Eppterprise logo are trademarks of Eppterprise. The Site, the Services, the Eppterprise Content, and Eppterprise logo trademarks are protected by copyright, trademark, and other federal and state intellectual property laws.
5. Copyright Infringement (Digital Millennium Copyright Act)
We respect the intellectual property of others. We strive to respond promptly to proper notices of copyright infringement by removing or disabling access to allegedly infringing material. It is our policy to terminate the access privileges of those who infringe the copyrights of others.
Submitting a Copyright Infringement Notification. If you believe that any material appears on the Site or the Services in a way that infringes the copyright in a work you own, please send a notification containing the following information to Eppterprise’s Copyright Agent (identified below):
Our Copyright Agent can be reached at the following address:
6. Third Parties; Third-Party Content and Site
References on the Site or through the Services to any third parties or any products or website of such third parties, are provided solely as a convenience to you. Unless we expressly indicate otherwise, we do not endorse, recommend, or approve of any third parties or their products or website. We do not make any representations or warranties regarding any third parties or their products or website. We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of materials on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk.
7. Paid Services
7.1.Paid Services; Fees. Eppterprise may make available certain Services or Eppterprise Content for a fee (“Paid Services”). All fee amounts are in U.S. Dollars. Fees for Paid Services may vary based on your location and other factors, and Eppterprise reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting to the Site or through the Services.
7.3.Refunds; Credits. In certain circumstances, refunds or credits may be available for Paid Services, in Eppterprise’s sole discretion. However, unless we agree in writing to provide you with a refund or credit, ALL PURCHASES ARE FINAL.
8. Disclaimer of Warranty
THE SITE AND THE SERVICES ARE PROVIDED BY EPPTERPRISE ON AN “AS IS” AND “AS AVAILABLE” BASIS. EPPTERPRISE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, THE SERVICES, OR INFORMATION, CONTENT, OR MATERIALS (INCLUDING EPPTERPRISE CONTENT) OFFERED ON OR THROUGH THE SITE OR THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EPPTERPRISE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. EPPTERPRISE DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT EPPTERPRISE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER.
THE SITE AND SERVICES ARE NOT INTENDED TO AND DO NOT CONSTITUTE LEGAL, TAX, FINANCIAL OR OTHER PROFESSIONAL ADVICE, AND ARE NOT A SUBSTITUTE FOR ADVICE FROM QUALIFIED LEGAL, TAX, FINANCIAL OR OTHER PROFESSIONALS. ANY STATEMENTS MADE BY JEREMY EPP AND/OR GUESTS ON THE SITE OR THROUGH THE SERVICES ARE SOLELY THE OPINION OF THE AUTHOR OR SPEAKER.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL EPPTERPRISE, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF EPPTERPRISE, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL EPPTERPRISE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS PAID BY YOU (IF ANY) IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless Eppterprise, its affiliates, and their respective employees, directors, officers and agents from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your breach or alleged breach of this Agreement, your improper use of the Site or the Services, your breach of any applicable law, or your infringement or violation of the rights of a third party. Eppterprise shall have the right to participate in the defense of any such claim at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, Eppterprise, financial or otherwise, without the written consent of Eppterprise.
11. Information About You and Your Visits to the Website
12. Limitation on Time to Bring Claims
TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY, EPPTERPRISE AND YOU AGREE TO BRING ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OUR RELATIONSHIP, OR THE USE OF THE SITE OR THE SERVICES WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED. THIS LIMITATION APPLIES REGARDLESS OF THE VENUE IN WHICH SUCH CLAIM IS OR COULD OTHERWISE BE ASSERTED.
This Agreement shall remain in force and effective unless and until terminated by either you or us. You may terminate this Agreement at any time by providing written notice to us, via email to [email protected] We may terminate this Agreement immediately with or without notice, and/or may deny you access to the Site or the Services, in our sole discretion, in the event you breach, or threaten to breach, any term of this Agreement. Upon any termination of this Agreement, you must immediately discontinue use of the Site and the Services. Even after your rights under this Agreement are terminated, all provisions of this Agreement which by their nature should survive termination, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
14. Miscellaneous Terms
14.1.Consent to Electronic Communications. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, or on the Site or through the Site or the Services, satisfy any legal requirement that such communications or agreements be in writing.
14.2.Assignment. Eppterprise may assign or transfer any portion of its rights or delegate its obligations under this Agreement to any person at any time. You shall not assign or transfer, by operation of law or otherwise, any portion of your rights or delegate your obligations under this Agreement without the prior written authorization of Eppterprise.
14.3.Waiver. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
14.4.Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
14.5.Changes to Agreement. You should review this Agreement each time you access the Site or use the Site or the Services. We reserve the right to modify or revise any part of this Agreement at any time at our sole discretion by posting such modified or revised Agreement to the Site. Your continued use of or access to the Site or the Services following the posting of any modifications or revisions to the Agreement constitutes acceptance of those modifications or revisions.
14.6.Relationship of the Parties; No Third-Party Beneficiaries. Eppterprise and you are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between Eppterprise and you. There are no third-party beneficiaries to this Agreement.
14.7. Governing Law; Forum; Waiver of Jury Trial. This Agreement will be construed in accordance with and governed exclusively by the laws of the State of Arizona applicable to agreements made among Arizona residents and to be performed wholly within such jurisdiction, regardless of the parties’ actual domiciles. Eppterprise and you consent to the exclusive jurisdiction and venue of the state and federal courts of Maricopa County, Arizona. EACH PARTY HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SITE AND THE SERVICES.
Last Updated: April 24, 2019