T E R M S O F U S E
Effective as of May 25, 2021
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER, AND EPOCH. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SITE. BY USING THE SITE, AND/OR BUYING A WORK (AS DEFINED BELOW), YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SITE OR ANY CONNECTED SERVICES. YOUR USE OF THE SITE AND/OR SERVICES MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.
BY ACCESSING OR USING THE SITE OR SERVICES, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT AND WARRANT THAT YOU ARE NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SITE OR SERVICES IN YOUR JURISDICTION. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. PLEASE READ THE “ARBITRATION” SECTION BELOW FOR ADDITIONAL INFORMATION.
- MODIFICATIONS AND UPDATES TO THIS AGREEMENT
The world of technology, non-fungible tokens and cryptocurrency is changing and evolving rapidly. We reserve the right, at any time, to modify, alter, and/or update this Agreement, and any such modifications, alterations, or updates will be effective upon our posting of the revised Agreement. We will use reasonable efforts to notify you in the event material changes are made to this Agreement, such as by posting a notice on the Site or sending you an email. Your continued use of the Site or Services following our posting of any revised Agreement will constitute your acknowledgement of the amended Agreement. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or Services. If you do not agree to the revised Agreement, you may not access or use the Site or Services.
The Site and Services are offered and available to users who are 18 years of age or older. IF YOU ARE 16 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS AGREEMENT FOR THE BENEFIT OF A CHILD 16 OR OVER, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE/SHE/THEY MAY INCUR.
- INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that EPOCH and/or our licensors own all legal right, title and interest in and to all elements of the Site. Licensors each own all intellectual property rights to the artwork they have contributed. The Site, and all of its contents, including without limitation, the EPOCH logo and all text, photographs, images, illustrations, graphics, video material, audio material, software, tools, logos, titles, characters, names, button icons and the selection and arrangement thereof on the Site (collectively “Site Content”), are or may be protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Site Content is owned or controlled by us or by other parties that have provided rights thereto to us.
Except as expressly set forth herein, you may not, and agree that you will not, use, publish, reproduce, display, distribute, or modify the Site Content or any portion thereof, for any purpose or by any means, method, or process. Modification of the materials appearing on the Services or use of such materials for any purpose not expressly set forth herein is a violation of our copyright and other proprietary rights. We reserve all rights in and to the Site Content, other than the limited license granted to you in this Agreement.
The EPOCH name, EPOCH logo and all related names, logos, domains, product and service names, designs and slogans are trademarks of EPOCH or its licensors. You must not use such marks without the prior written permission of EPOCH. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Site and Site Content; provided, however, that such license is subject to the terms of this Agreement and does not include any right to (a) sell, resell or use commercially the Site or Site Content, (b) distribute, publicly perform or publicly display any Site Content, (c) modify or otherwise make any derivative uses of the Site or Site Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Site Content, except as expressly permitted by us, and (f) use the Site or Site Content other than for their intended purposes.
- THIRD PARTY WEBSITES AND APPLICATIONS
The Site contains links to third party websites, services, and applications that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. We do not control, recommend or endorse and are not responsible for these websites or applications or their content, products, services or privacy policies or practices. When you access these third party websites, services, or applications, you leave our Site, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third party websites, services, or applications. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the third party websites, services, or applications, or the information or material accessed through these third party websites, services, or applications. If you decide to access any other website or application linked to or from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites, services, or applications.
- ACCEPTABLE USE AND USER CONDUCT
You are solely responsible for your use of the Site. You may not use, or encourage, promote, facilitate or instruct others to use the Site, or any part thereof, to:
- Infringe upon, misappropriate or violate EPOCH’s or any other party’s intellectual property, privacy, publicity, statutory, legal, personal or other rights;
- Collect, track, harvest or otherwise collect information about others, including without limitation, email addresses, without proper consent;
- Modify, adapt, translate, copy, reproduce, duplicate, archive, download, publish, distribute, reverse engineer, decompile or disassemble the Site, the Work, or portion thereof by any means, other than as expressly permitted by this Agreement or as otherwise clearly contemplated by the features and functionalities of the Services;
- Reformat, frame or mirror any portion of the Site;
- Use any robot, spider, site search/retrieval application, crawler, scraper, script, browser extension, offline reader or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, not authorized by us to access or otherwise use the Services in any way;
- Undertake, engage, carry out, encourage, or promote any illegal or unauthorized activity that would violate, or assist in violation of, any law, statute, ordinance, or regulation, including, but not limited to, money laundering, terrorist financing, deceptive or manipulative trading activities, or accepting, soliciting, offering or otherwise transacting on or outside the Site or its connected marketplace with the intent to artificially devalue, inflate, or otherwise deceptively influence or misrepresent the price of Works; or
- Use the Site for any other unlawful, improper or unethical purposes, or to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
- COPYRIGHT CLAIMS
EPOCH respects the intellectual property rights of all creators. If you believe that any Site Content or Works on the Site violate or infringe upon your copyrights, you may submit a written notice to us in accordance with the Digital Millennium Copyright Act (the “DMCA”) containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material on the Site. Note that including specific URLs in your notice will help us to quickly identify the allegedly infringing material.
- Information reasonably sufficient to permit us to contact you (the complaining party), such as an address, telephone number, or email address where you (the complaining party) may be contacted.
- A statement that you (the complaining party) “have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
- A statement that the information in the notice is accurate and, under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the copyright owner.
Please send the DMCA notice to our designated Copyright Agent at:
Sarah Conley Odenkirk
Cowan, DeBaets, Abrahams & Sheppard LLP
9454 Wilshire Blvd. Suite 901
Beverly Hills, CA 90212
Please include the following in the subject line of your letter and/or email: DMCA Notice.
In response to a valid DMCA notice, EPOCH reserves the right to remove the allegedly infringing content from the Site. Doing so may restrict access to, or the ability to view or buy, the Work. EPOCH will have no liability whatsoever to anyone who previously purchased a Work that is removed from the Site in response to a valid DMCA notice.
VISITORS TO THE SITE OR SERVICES AGREE THAT THEIR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SITE OR SERVICES IS AT THEIR SOLE RISK. THE SITE, THE SERVICES AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EPOCH MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (I) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT ON THE SITE OR SERVICES; AND (II) ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FUNCTIONALITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE SITE, SERVICES, SITE CONTENT OR ANY WORKS. WE DO NOT REPRESENT, WARRANT OR GUARANTEE: (1) THAT THE SERVICES, ANY PORTION OF THE SITE OR SERVICES, OR E-MAILS SENT FROM OR ON BEHALF OF EPOCH ARE OR WILL BE FREE FROM VIRUSES, SCRIPTS, WORMS, TROJAN HORSES, OR ANYTHING ELSE CONTAINING DESTRUCTIVE PROPERTIES; (2) THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SITE OR SERVICES. WHILE EPOCH ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND SITE CONTENT SAFE, EPOCH CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, SITE CONTENT, ANY WORKS LISTED ON OUR SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY IN ANY MANNER.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR ANY USE OR DISPLAY OF, OR INABILITY TO USE OR DISPLAY, WORKS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES OR WORKS; OR (F) THE OUTCOME OF ANY TRANSACTION THROUGH THE SITE.
THE WORKS ARE INTANGIBLE, DIGITAL ASSETS REPRESENTED BY A UNIQUE NFT. THE NFT ASSOCIATED WITH A WORK PURCHASED THROUGH THE SITE ONLY EXISTS IN THE RECORD OF OWNERSHIP STORED ON THE ALGORAND BLOCKCHAIN. ANY TRANSFER OF TITLE TO A WORK TO A USER, OR FROM ONE USER TO ANOTHER USER, OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ALGORAND BLOCKCHAIN. ACCORDINGLY, EPOCH DOES NOT AND CANNOT GUARANTEE THE TRANSFER OF TITLE OR ANY OTHER RIGHTS IN OR TO A WORK.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL EPOCH, OUR PAST, PRESENT OR FUTURE PARENT, AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE, THE SITE, SERVICES, ANY SITE CONTENT OR OTHER MATERIALS, OR ANY WORKS ACCESSED ON OR PURCHASED THROUGH THE SITE, OR ANY THIRD PARTY SITES OR PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF EPOCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR SERVICES. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EPOCH ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, SERVICES, SITE CONTENT, WORKS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT ACTUALLY RECEIVED BY EPOCH FROM THE SALE OF WORKS THAT ARE THE SUBJECT OF THE CLAIM (LESS ALL COSTS, FEES, COMMISSIONS AND OTHER LIABILITIES INCURRED BY EPOCH IN CONNECTION THEREWITH).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- ASSUMPTION OF CERTAIN RISKS
Due to the limited history of digital assets and the rapidly evolving nature of the digital asset market, it is not possible to know all of the risks involved in making an investment in digital assets, and new risks may emerge at any time. The following are some, but not all, of the risks associated with purchasing a Work through the Marketplace:
- CRYPTOCURRENCY AND THE BLOCKCHAIN. AS SET FORTH ABOVE, EPOCH DOES NOT CONTROL THE PUBLIC ALGORAND BLOCKCHAIN OR TAKE ANY POSSESSION, CUSTODY OR CONTROL OF THE ALGORAND CRYPTOCURRENCY USED TO PURCHASE A WORK ON THE SITE. YOU ARE AWARE OF AND ACCEPT ALL RISKS ASSOCIATED WITH A CRYPTOGRAPHIC SYSTEM, INCLUDING THE ALGORAND BLOCKCHAIN, DECENTRALIZED LEDGERS, SMART CONTRACTS, DIGITAL WALLETS, AND NON-FUNGIBLE TOKENS. EPOCH IS NOT RESPONSIBLE FOR THE OPERATION OF THE ALGORAND BLOCKCHAIN, OR FOR ANY LOSSES DUE TO THE ALGORAND BLOCKCHAIN OR THE USE OF A DIGITAL CURRENCY, INCLUDING WITHOUT LIMITATION, (i) INTERNET CONNECTIVITY, (ii) HARDWARE MALFUNCTIONS, (iii) SOFTWARE BUGS, VIRUSES OR EXPOSURE TO MALICIOUS SOFTWARE, (iv) SECURITY BREACHES OF YOUR DIGITAL WALLET, (v) SYSTEM FAILURES OR OUTAGES, INCLUDING OUR OWN, OF A BLOCKCHAIN OR BLOCKCHAIN APPLICATION ON WHICH WE DEPEND, OR WITH RESPECT TO THIRD-PARTY OR DECENTRALIZED TRADING PLATFORMS, APPLICATIONS OR OTHER INTERMEDIARIES, COUNTERPARTIES OR CUSTODIANS, WHICH COULD RESULT IN AN INDEFINITE LOSS OF ACCESS TO A DIGITAL ASSET. THERE ARE CERTAIN RISKS INHERENT IN THE DEPENDENCE OF TRANSACTIONS INVOLVING CRYPTOASSETS ON A “PRIVATE KEY,” WHICH, IF LOST, STOLEN OR OTHERWISE COMPROMISED, COULD RESULT IN THE IRREVERSIBLE LOSS OF THE RELEVANT CRYPTOASSETS. EPOCH IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES RESULTING FROM, RELATED TO OR BASED UPON ANY OF THE FOREGOING.
- PRICING DIGITAL ASSETS.YOU ACKNOWLEDGE AND ACCEPT THE RISK THAT THE PRICE OF A WORK PURCHASED ON THE SITE MAY HAVE BEEN INFLUENCED BY ACTIVITY OUTSIDE OF THE CONTROL OF EPOCH OR THE SITE. THE PRICE OF DIGITAL ASSETS IS HIGHLY SPECULATIVE AND VOLATILE AND MAY BE IMPACTED BY, AMONG OTHER THINGS, FLUCTUATIONS IN THE PRICE OF OTHER DIGITAL ASSETS. CRYPOTASSETS ALSO SUFFER FROM VALUATION AND LIQUIDITY CHALLENGES. EPOCH DOES NOT REPRESENT, WARRANT OR GUARANTEE THE ACCURACY OR FAIRNESS OF THE PRICE OF ANY WORK SOLD ON OR OFF OF THE SITE, OR THAT ANY SUCH WORKS WILL RETAIN OR INCREASE THEIR VALUE. YOU ACKNOWLEDGE AND AGREE THAT EPOCH IS NOT A FIDUCIARY NOR OWES ANY DUTIES TO ANY USER OF THE SERVICES, INCLUDING THE DUTY TO ENSURE FAIR PRICING OF WORKS OR TO POLICE USER BEHAVIOR ON THE MARKETPLACE. YOU SOLELY BEAR THE RISK OF LOSS IN PURCHASING, SELLING AND/OR TRANSFERING DIGITAL ASSETS.
- EVOLVING REGULATORY LANDSCAPE. The regulatory landscape governing blockchain technologies, cryptocurrencies, and NFTs is evolving. Changes in the legislative or regulatory environment may impact our ability to offer certain products or services. In addition, there are risks associated with the dependence on third-party decentralized trading platforms, applications or other intermediaries (e.g., exchanges), counterparties or custodians to hold or convert cryptoassets that may be subject to little or no regulation, or that may operate in violation of regulations, including regulations related to sanctions compliance and anti-money laundering.
- MODIFICATIONS TO THE SERVICE
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or suspend or discontinue any transaction on the Site at any time and without liability therefor.
Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and EPOCH or its successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator in Los Angeles, CA, and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
To the fullest extent permitted by applicable law, you and EPOCH must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR EPOCH MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor EPOCH may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
- GOVERNING LAW
We control and operate the Site from the State of California, United States of America. We do not represent that the Site Content or other materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with all local laws, if and to the extent local laws are applicable.
You agree that any dispute arising under or related to this Agreement will be governed by, and construed in accordance with, the laws in effect in the State of California, without regard to its conflicts of law principles. Notwithstanding the arbitration provisions above, in the event that we elect to seek injunctive or other equitable relief, or there is a dispute that is otherwise not subject to arbitration, you expressly and irrevocably consent to the exclusive jurisdiction of the state or federal courts, as applicable, located in Los Angeles, CA, and to the exercise of personal jurisdiction in such courts in connection with any such dispute.
If any provision, or portion thereof, of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision, or portion thereof, shall be severable from the remainder of this Agreement, and all other terms and provisions of this Agreement shall remain in full force and effect.
All terms and provisions of this Agreement that are intended to survive the expiration or termination of this Agreement and the termination of your Account shall so survive.
This Agreement is the entire agreement between you and EPOCH with respect to the Site, Site Content, and your participation in any transactions on the Site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and EPOCH with respect to those matters. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other in any respect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of EPOCH. EPOCH’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, or of EPOCH’s right to enforce such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity.
- CONTACT US
If you have any questions about the terms of this Agreement, please send us an email at firstname.lastname@example.org.