BY ACCESSING, USING, OR INTERACTING IN ANY WAY WITH ANY EPIC PRODUCT, YOU ARE AGREEING TO AND ACCEPTING ALL TERMS CONTAINED HEREIN.
If you reside in the European Economic Area (EEA), you must read and accept our GDPR Compliance Statement as well as our Data Processing Addendum and Standard Contractual Clauses before using EPIC Products. By accepting this agreement you are also acknowledging that you have read, understood, agree and accepted the Data Processing Addendum as part of this Agreement. You further understand that EPIC may begin tracking or collecting information from visitors who come from third-party email or advertisements immediately.
When enrolling in, subscribing to, or purchasing any EPIC Product, Client must provide only true and accurate information, which is current and complete. By providing any information, Client promises that any name, mailing address, e-mail account, and/or credit card information you provide is registered to you and/or your use of such information is with permission. Client understands and agrees that EPIC can bar your access to and use of Products if EPIC believes that Client has provided untrue, inaccurate, not current, or incomplete information. Client also agrees that if Client is ordering or purchasing Products on behalf of a company or other entity, that Client has proper authority to commit that company in such a transaction. If Client is using a pseudonym, nickname, assumed name or the like (where permitted), Client agrees that you will nonetheless provide accurate information to our processing company where required (e.g., your real name in connection with a credit card account) so that Client can be billed for one-time or recurring fees.
This License is personal to Client; Client may not transfer any rights or duties contained in this license. Except as may be provided in the Client’s Agreement, client may not license, sublicense, assign or otherwise dispose of all or any part of the Products or any of the limited rights granted to Client to any third-party.
This license is limited to one runtime, session and/or repository instance. Additional payment or membership fee is required for each additional runtime, session and/or repository instance. Separate license fees and validation codes are required for each business entity to use any of the Products that comprise this Agreement. Only Authorized Users may use the Products that comprise this Agreement. Furthermore, no account may be sublet or used on behalf of any business other than the account owner’s.
Limitations over Products may be imposed by third parties over whom EPIC has no control. EPIC will use reasonable efforts to communicate any such limitations to Client. Other limitations may apply to Client’s usage of particular features or certain aspects of the Products. YOU ARE RESPONSIBLE FOR TIMELY PAYMENT OF YOUR SUBSCRIPTION OR OTHER FEES, AND YOUR LICENSE MAY BE TERMINATED FOR NONPAYMENT OF ANY SUCH FEES.
Client agrees that it will not rent, lend, or transfer any Products that comprise this agreement or any of its rights under these Terms without the express written permission of EPIC.
All accounts are set up on a prepaid basis. Payment must be received by EPIC before any billable Product is provided/activated. In the event of a trial period, payment information must be on file before Client’s account is created. Client is required to keep a valid credit/debit card on file to charge for recurring subscription(s). All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.
Eligibility for trial subscriptions is determined by EPIC at its sole discretion, and EPIC may limit eligibility or duration to prevent trial abuse. EPIC may use information such as device ID, method of payment or an account email address used with an existing or recent EPIC membership to determine trial eligibility. Trial subscriptions are limited to one trial per person, per product. The purchase and subsequent cancellation of multiple trials may result in permanent closure of the account.
EPIC will charge Client a membership fee at the end of the trial period and membership will automatically renew on a periodic basis (e.g., monthly, annually) unless Client cancels their membership prior to the end of the trial period.
If it is determined that any Client fails to pay the agreed upon monthly or annual payments by exploitation of any self-billing feature, all associated accounts may be terminated immediately, without warning, and Client will be billed for all unpaid usage.
4.1 Billing Cycle – The membership fee for EPIC Products, and any other charges in connection with the use of EPIC Products, such as taxes and possible transaction fees, will be charged on a periodic basis (e.g., monthly, annually) on the calendar day corresponding to the end of the trial period until membership is cancelled. Membership fees are fully earned upon payment. In some cases, the payment date may change, for example if the payment method is not successfully settled or if the paid membership began on a day not contained in a given month. EPIC may authorize a payment in anticipation of membership or service-related charges through various methods, including authorizing a payment up to approximately one month of service as soon as registration occurs. In some instances, an available balance or credit limit may be reduced to reflect the authorization during the trial period.
In the event a credit/debit card fails to charge successfully, access to the EPIC Products will immediately cease.
Cancellation of a subscription immediately stops automatic subscription billing. If there is time remaining in a billing period, access to the Product will remain open until the end of the current billing period. EPIC does not provide refunds or credits for any partial billing periods. To cancel membership, please contact email@example.com.
4.2 Fees – In the event an account is submitted to a third-party collections service, a $35.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account.
All checks are held for 10 business days prior to orders being processed. If a customer initiates a chargeback, EPIC may assess a $25.00 processing fee for each individual chargeback.
Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.
EPIC reserves the right to increase subscription pricing at the time of renewal. All serviced based and coaching programs are non-refundable.
4.3 Billing Disputes – Client agrees to provide EPIC 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should EPIC receive a chargeback from a third-party credit/debit card company or bank on the Client’s behalf before EPIC has been given a chance to resolve the issue, EPIC may charge Client for its time spent resolving such disputes and any associated fees incurred by EPIC, in addition to the $25.00 chargeback fee mentioned above. Regardless of the outcome of the chargeback, EPIC retains the right to collect on any services or fees that are due. EPIC may submit any disputed amounts to a collection agency. Once a chargeback has been received, EPIC has the right to suspend the account until the matter is resolved.
4.4 Applicable Taxes – The fees do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). Client agrees to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent EPIC is legally required to collect the same, will be itemized on the product invoice. If Client has an obligation to withhold any amounts under any law or tax regime (other than U.S. income tax law), Client will gross up the payments so that EPIC receives the amount actually quoted and invoiced. If EPIC has the legal obligation to pay or collect Taxes for which Client is responsible under this section, the appropriate amount will be invoiced and paid by the Client unless, prior to the invoice date, the Client provides EPIC with a valid tax exemption certificate authorized by the appropriate taxing authority.
Unless otherwise indicated in writing, all fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. In no event will EPIC credit, refund, or reimburse you for a foreign exchange fee charged by your credit card for any difference in fees due to currency conversion.
Client acknowledges and agrees that all features and content of EPIC Products are subject to availability of a suitable or adequate internet connection, valid email account, computer equipment and sufficiently available bandwidth at the time of Client’s attempted use or access. Client shall be solely responsible for procuring the necessary computer equipment and internet connection required for accessing and using the Products. Client shall hold EPIC harmless from any failure or inability to access the Products resulting from Client’s failure to procure any such necessary equipment or services.
EPIC PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EPIC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF EPIC PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE.
If, for any reason, an EPIC Product is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of EPIC which threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of an EPIC Product, EPIC, reserves the right, in its sole discretion, to cancel, terminate or suspend the Product. ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PRODUCT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; EPIC WILL DISQUALIFY YOUR ATTEMPTED REDEMPTION AND RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding any other provision of this Agreement, EPIC and its licensors reserve the right to change, suspend, remove, or disable access to any EPIC Product, content, or other materials comprising a part of the EPIC brand at any time without notice. In no event will EPIC be liable for making these changes. EPIC may also impose limits on the use of or access to certain features or portions of EPIC Products, in any case and without notice or liability.
All copyrights in and to EPIC (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by EPIC and/or its licensors, who reserve all their rights in law and equity. THE USE OF SOFTWARE OR ANY PART OF EPIC LLC, EXCEPT FOR USE OF EPIC LLC AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
EPIC, the EPIC logo, other EPIC trademarks, service marks, graphics, and logos used in connection with EPIC LLC are trademarks or registered trademarks of EPIC Services Group LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with EPIC Services Group LLC Services may be the trademarks of their respective owners. Clients are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Termination for Nonpayment: EPIC may terminate this Agreement WITHOUT notice for nonpayment, where Client’s account is in arrears, delinquent, or past due. EPIC reserves the right to provide a short grace period at its discretion for long-standing customers, or customers with long-standing good credit. Client understands and agrees that the consequences of nonpayment may be severe for Client’s business and assumes all liability and risk of loss if Client’s access to any EPIC Product is terminated for nonpayment. Client agrees that any Termination for Nonpayment is EPIC’S right and is solely caused by Client’s actions. Client further agrees that this serves as Client’s notice of such Termination for Nonpayment, and that Client assumes all liability for any Termination for Nonpayment and expressly agrees to hold EPIC harmless for all damages Client may suffer as a result of such Termination for Nonpayment.
When using the Product, Client shall provide accurate, correct, and truthful Caller ID information; shall provide all disclosures required by law; agrees and acknowledges that compliance with such laws and regulations is Client’s sole responsibility and Client bears sole liability for any and all communications sent using the Products.
Client acknowledges and understands that recipient consent is required for certain types of communications. Client understands that there may be different “levels” of consent for different communications.
Client acknowledges that all calls are recorded when using certain EPIC Products, and agrees to comply with all federal and state recording and wiretapping laws and regulations when using such Products.
Without limiting the foregoing sections, if Client does not have either consent or a business relationship with a recipient as required by applicable law or legally valid exemption from, or legally valid exception to, such laws, Client shall not make that communication.
Client (i) has and maintains personally or via a third-party the records to prove that Client had the necessary consent, business relationship or legally valid exemption from, or legally valid exception to, such laws at the time of the communication and (ii) will provide certified copies of such records to EPIC promptly on EPIC’s email request.
EPIC FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY THAT EPIC PRODUCTS WILL FUNCTION WHEN INTEGRATED OR COMBINED WITH THIRD-PARTY SOFTARE PRODUCTS.
EPIC DOES NOT MAKE ANY REPRESENTATION THAT CLIENT’S USE OF ANY EPIC PRODUCT WILL COMPLY WITH ANY LEGAL REQUIREMENTS IN A PARTICULAR JURISDICTION. CLIENT IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE APPLICABLE PRODUCT IS IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF ANY JURISDICTION TO WHICH CLIENT MAY BE SUBJECT.
IN NO EVENT SHALL EPIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM:
(i) ANY ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES WITH RESPECT TO THE PRODUCTS SOLD, OR ANY FINANCIAL TRANSACTION INCLUDING BUT NOT LIMITED TO PRICING ERRORS, TRANSACTION PROCESSING ERRORS BY THIRD PARTIES, CREDIT CARD OR SIMILAR FRAUDULENT TRANSACTIONS PROCESSED BY CLIENT OR ON CLIENT’S BEHALF, OR ERRONEOUS OR FRAUDULENT CHARGEBACKS;
(ii) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM CLIENT’S ACCESS TO AND/OR USE OF EPIC PRODUCTS;
(iii) ANY UNAUTHORIZED ACCESS TO OR USE OF EPIC’S SERVERS, COMPUTERS, OR BUSINESS RECORDS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(iv) ANY LOSS OR DELETION OF CLIENT’S DATA (INCLUDING USER CONTENT) FROM EPIC’S SERVERS OR SYSTEMS AFTER CLIENT’S LICENSE TO USE EPIC PRODUCTS HAS EXPIRED, LAPSED, OR BEEN TERMINATED FOR ANY REASON BY YOU OR EPIC;
(v) ANY INTERRUPTION OR CESSATION OF PRODUCT OPERATION;
(vi) ANY BUGS, VIRUSES, MALWARE, SPYWARE, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCTS BY ANY THIRD PARTY;
(vii) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A DIRECT OR INDIRECT RESULT OF CLIENT’S ACCESS TO OR USE OF ANY EPIC PRODUCT;
(viii) ANY LOSS RESULTING FROM TERMINATION INCLUDING BUT NOT LIMITED TO TERMINATION FOR NONPAYMENT; AND/OR
(ix) ANY LIABILITY INCURRED BY CLIENT FOR VIOLATIONS OF THE GDPR OR SIMILAR PRIVACY REGULATIONS WHETHER OR NOT BASED IN WHOLE OR PART ON EPIC’S PROCESSING OF ANY DATA PROVIDED BY CLIENT TO EPIC OR PROCESSED IN CONNECTION WITH PROVIDING THE SERVICES HEREUNDER TO CLIENT OR ON CLIENT’S BEHALF;
(x) ANY LIABILITY OR LOSS RESULTING CLIENT’S INTERACTION WITH OTHER CLIENTS, INCLUDING BUT NOT LIMITED TO TRANSACTIONS, OR ANY OTHER ECONOMIC ARRANGEMENTS ENTERED INTO BETWEEN CLIENTS OR BY CLIENT AND ANY OTHER THIRD-PARTY.
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EPIC WAS ADVISED OF OR KNEW OF THE POSSIBILITY OF SUCH DAMAGES.
THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS PARAGRAPH ARE INTEGRAL TO THE AMOUNT OF FEES CHARGED IN CONNECTION WITH MAKING THIS AGREEMENT AVAILABLE TO CLIENT AND THAT, WERE EPIC TO ASSUME ANY FURTHER LIABILITY OTHER THAN SET FORTH HEREIN, SUCH FEES WOULD OF NECESSITY BE SET SUBSTANTIALLY HIGHER. THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO CLAIMS RELATED TO THIRD PARTY SOFTWARE AND ITS OWNERS AND PROVIDERS.
This Agreement, these Terms, any corresponding online forms executed by Client, and any claim arising out of or in connection thereto (including any non-contractual disputes, acts or omissions, or claims in contract, tort, or otherwise), shall be construed under the laws of the State of Texas regardless of conflict of law provisions. Client and EPIC irrevocably consent to the exclusive venue of the state or federal courts in Texas. Neither party will bring any legal action more than two years after the cause of action arose. Client and EPIC further agree that as a condition precedent to instituting any legal action, the parties must participate in a non-binding mediation.
Terms updated February 2024