This is a legally binding agreement. Please read these terms and conditions carefully. By clicking the button during the Registration to accept this Agreement, you represent that you have the full legal authority to enter this Agreement on behalf of the party identified in the registration process, and in that capacity, you acknowledge such party’s agreement to be bound by the terms and conditions set forth or referenced below. If you do not agree to these terms and conditions, do not register for the Service.
This agreement (the “Agreement” or “Terms”) for use of the Epic Will website (the “Site”) and all services, self-help documents, forms, and templates provided by the Site (the “Platform”) is between Epic Will, LLC (also referred to herein as “Epic Will”, “we”, “us” and “our”) and the party (“You” and “your”) indicated during the account registration process (such process and the information provided during such process, as amended from time to time through your login to your account in the App in accordance with this Agreement, the “Registration”).
If you access or use the Platform on behalf of a company, organization, or other entity, then (a) “you” and “your” also refers to that entity, (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (c) you agree to these Terms on the entity’s behalf.
This Agreement requires the use of arbitration to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. Please read these terms carefully.
1. Modifications to Terms of Service. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By clicking the button when presented to you, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to terminate this Agreement and to cease using the Platform.
2. Minimum Age. YOU AGREE THAT BY USING THE PLATFORM YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
3. No Legal Advice. Our Platform does not provide legal advice, and there is no attorney-client relationship between you and us. Epic Will is not a law firm or an attorney, it may not perform services performed by an attorney, and it does not provide any legal advice. Our Platform is not a substitute for the advice of an attorney, and, if you need legal advice, you should consult a licensed attorney in your state. At no time is an attorney-client relationship or any other special relationship created between you and Epic Will or any employee or other person associated with Epic Will, and any information you provide us is not protected by attorney-client privilege or as work product. You are and will be representing yourself in any matter you undertake using the Platform. You understand that our providing of the Platform to you is neither legal advice nor the practice of law, and that the Legal Forms (as defined below) are not customized to your particular needs. If, prior to your use of the Platform or any Legal Form, you believe that Epic Will gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you must not use the Platform or the Legal Form, and any use of these documents is done at your own risk. YOU UNDERSTAND THAT ANY ERROR REVIEW BY EPIC WILL IS AN AUTOMATED PROCESS THAT IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. IT IS NOT COMPREHENSIVE. YOU WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING THEM AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
4. Information Only. As part of our Platform, we offer self-help, “fill in the blank” forms. We strive to keep the forms, documents and other materials available through the Platform, including any descriptions, information and other help resources (collectively, the “Legal Forms”) current and up-to-date; however, they are not legal advice and are not guaranteed to be correct, complete or up-to-date. The law changes rapidly and is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. The law is a personal matter, and no general information, Legal Forms, or tool like the kind we provide can fit every circumstance. We do not review the information you input into a Legal Form for accuracy or legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. The Platform and the Legal Forms are made available solely for informational purposes. It is your responsibility to use and update the Legal Forms as you deem appropriate for your specific needs.
5. User Interactions and User Content. You are solely responsible for your interactions with other users of the Platform. We reserve the right, but have no obligation, to monitor disputes and interactions between you and other users. Epic Will shall have no liability for your interactions with other users, or for any user’s action or inaction. The Platform allows you to post content such as profile or transaction information and your information when completing the Legal Forms (“User Content”). You grant to Epic Will a non-exclusive, transferrable, sublicensable, worldwide, royalty-free license to use, disclose, and process User Content to: (a) perform its obligations under this Agreement and to compile analyses and statistical information from User Content regarding usage or performance of the Platform; (b) provide, monitor, correct, enhance, and improve the Platform and perform services related thereto; (c) develop new products and accomplish other internal business purpose; (d) de-identify User Content such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify You as the source of such data; (e) aggregate User Content with other data; and (f) in perpetuity to use, reproduce, prepare derivative works of, and distribute such aggregated or de-identified data for any lawful purpose and to grant sublicenses for the foregoing. You represent and warrant that you own or have the legal right and authority, and will continue to own or maintain the legal right and authority, to grant to Epic Will the license set forth herein. You further represent and warrant that you have provided all necessary notices to process the User Content and to transfer the User Content to Epic Will. You shall indemnify, defend, and hold harmless Epic Will, its affiliates, and their respective directors, officers, employees, and agents from and against any losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, expert witness fees, settlement, judgment, interest, and penalties) (“Losses”) arising from or related to a claim of a third party with respect to a breach of the foregoing representations and warranties of Customer.
6. License; Proprietary Rights
A. Subject to your compliance with the terms and conditions of these Terms, you are hereby granted a personal, non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license during the Term to use the Platform only as designed and as set forth in these Terms for your personal, informational, non-commercial use. Epic Will reserves all rights not expressly granted herein in the Platform.
B. Subject to your compliance with the terms and conditions of these Terms, Epic Will grants you a personal, non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license during the Term to download, view, copy and print Legal Forms completed by You solely for your personal, informational, non-commercial use. You may also maintain a copy of Legal Forms completed by You during the Term and after termination of this Agreement. You agree that you will not otherwise download, view, copy, print, replicate or modify the Legal Forms in whole or part other than authorized editing or in the course of making a document accurate or effective for your actual individual use of the document for the purpose for which that kind of document exists. Any unauthorized use of any Legal Forms contained on or available through the Platform may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
C. Except as provided in these Terms, Epic Will retains all rights in, and exclusive, valid, and non-contestable ownership of, the Platform and its content, including the Legal Forms. Except for your User Content, the Platform and all materials therein or transferred thereby, including, without limitation, the Legal Forms, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Content”), and all intellectual property rights related thereto, are the exclusive property of Epic Will and its licensors. You acknowledge and agree that you do not acquire any ownership rights to the Platform or the Content through this Agreement or by use of the Platform. You acknowledge and agree that Epic Will has and retains exclusive and valid ownership of all anonymized statistical information regarding use of the Platform.
D. You may choose to or we may invite you to submit comments, inventions, discoveries, concepts, or ideas about the Platform, including without limitation about how to improve the Platform or our products (“Ideas”), and Epic Will and You may create or discover Ideas jointly. You agree that any such Idea shall be and remain solely the property of Epic Will, and may be used and sold, licensed, or otherwise provided by Epic Will and/or its licensors to third parties, or published or otherwise publicly disclosed, in Epic Will’s and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to You. Your disclosure is gratuitous, unsolicited and without restriction and will not place Epic Will under any fiduciary or other obligation, and we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Epic Will does not waive any rights to use similar or related ideas previously known to Epic Will, or developed by its employees, or obtained from sources other than you. You hereby assign to Epic Will any and all of your right, title, and interest in and to any Ideas.
E. From time to time at its discretion, Epic Will may implement releases of the Platform or Content that contain changes, updates, patches, fixes, enhancements to functionality, and/or additional functionality. Epic Will, in its sole discretion, will determine whether to include the features or functionality not originally specified, and Epic Will shall have no obligation to disclose or offer to You any such features or functionality.
F. Any provision of this Agreement to the contrary notwithstanding, Epic Will may suspend or limit use of the Platform to the extent and for such time as Epic Will reasonably deems necessary or appropriate, without notice to You (provided, however, that Epic Will shall use reasonable efforts to notify You thereof as soon as reasonably practicable) if Epic Will reasonably believes that (i) use of the Platform by You will or could disrupt operation of the Platform, other customers' use of the Platform, or the infrastructure used to provide the Platform, (ii) use of the Platform by You will or could result in unauthorized access to the Platform or information stored or processed by or through the Platform, (iii) there exists a security threat or attack on the Platform or other event that may create a material risk of the foregoing, or (iv) You are using the Platform for fraudulent or illegal activities. Epic Will shall have no liability for any Losses or any other consequences that Customer may incur solely as a result of any such suspension that is undertaken in good faith.
7. Your Responsibilities; Restrictions
A. You represent that the information indicated in the Registration is true and complete, and You agree to update the Registration upon any changes to such information. The Registration is incorporated herein and made a part of this Agreement. You may only hold one account for the Platform.
B. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access the Platform. Use of the Platform requires Internet access, which may be subject to additional fees or charges. You shall be responsible for all fees and charges incurred with respect to accessing to the Platform.
C. You must ensure security and integrity of your account. When you open an account to use or access the Platform, You will be asked to provide a user name and password. You are entirely responsible for the maintaining the confidentiality of your username and password. You are solely responsible for the activity that occurs on your account. You must keep your account password secure, and you may not use a third party’s account at any time You may not provide your login information to anyone else or allow anyone to login to the Platform using your login information. You may not permit any other individual or company to use, access, or view the Platform. Epic Will shall not be liable for any losses you incur as a result of someone else’s use of your account. You may be held liable for any losses incurred by Epic Will due to someone else’s use of your account. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
D. You agree that You will use the Platform only in a manner that complies with all applicable laws in the jurisdictions in which You use the Platform and that your use of the Platform is subject to all applicable local, state, national, and international laws and regulations.
E. You shall not to engage in, or authorize any person or entity to engage in, any of the following prohibited activities: (i) using the Platform or the Content for any purpose or in any manner not specifically authorized by this Agreement; (ii) except as specifically provided in section 6.B above, copying, distributing, reproducing, republishing, downloading, displaying, posting, performing, adapt, edit, transmitting, framing, mirroring, or disclosing any part of the Platform or the Content, in any medium, including without limitation by any robot, spider, or automated or non-automated “scraping” or “mining” (except that Epic Will grants the operators of public search engines revocable permission to use spiders to copy materials from publicly accessible web pages at www.epicwill.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) using any automated system to access the Platform or Content in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading invalid data, viruses, worms, or other software agents through the Platform or transmitting any computer viruses, worms, trojan horses or other malware; (xviii) using any device, software, methodology, or routine to interfere with or disrupt the Platform or the servers or networks connected to the Platform; (viii) collecting or harvesting any personally identifiable information, including account names; (ix) using the Platform for any commercial solicitation purposes; (x) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xi) interfering with the proper working of the Platform; (xii) accessing any content on the Platform through any technology or means other than those provided or authorized by the Platform and using the Platform to gain or attempt to gain access to any software applications, computer systems, or data not expressly authorized under this Agreement; (xiii) bypassing the measures we may use to prevent or restrict access to the Platform or the Content, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or the Content; (xiv) creating or recreating the source code for, or re-engineer, reverse engineer, decompile, or disassemble the Platform; (xv) modifying, adapting, translating, or creating derivative works from or based upon any part of the Platform or the Content, or combining or merging any part of the foregoing with or into any other software, document, or work; (xvi) referring to or otherwise using any part of the Platform or Content as part of any effort to develop a product or service having any functional attributes, visual expressions, or other features or purposes similar to those provided by us; (xvii) removing, erasing, or tampering with any copyright, logo, or other proprietary or trademark notice printed or stamped on, affixed to, or encoded or recorded in the Platform or Content, or using a proxy, reverse proxy, or any other such mechanism that is intended to, or has the effect of, obscuring any of the foregoing or confusing an individual as to our rights in the foregoing; (xviii) failing to preserve all copyright and other proprietary notices in any copy of any portion of the Platform or Content; (xix) selling, marketing, licensing, sublicensing, distributing, renting, loaning, or otherwise granting to any third party any right to possess or utilize any portion of the Platform or Content without our express prior written consent (which may be withheld by us for any reason or conditioned upon execution by such party of a confidentiality and non-use agreement and/or other such other covenants and warranties as we, in our sole discretion, deem desirable); (xx) using the Platform or Content in violation of any law, regulation, ordinance or guideline, including store, receive, or distributing any information in violation of any applicable law; (xxi) diminishing or infringing any intellectual property rights in and to the Platform or Content or impairing or interfering with any copyright protection mechanisms, copyright management information systems or digital identification devices employed in association with the foregoing; (xxii) causing the Platform or Content to defame or infringe the rights of any other person, including rights of publicity or privacy; (xxiii) acting in a manner that is fraudulent, libelous, abusive, obscene, discriminatory, harassing, or illegal; and (xiv) attempting to do or assisting any party in attempting to do any of the foregoing.
F. You agree to comply with any instructions provided by and to respond to any requests made by Epic Will with respect to or otherwise associated with access to the Platform or Content.
G. The Platform may only be used by users in the United States, and You agree to only access the Platform from within the United States. Epic Will makes no representations that the Platform or the Content are appropriate or available for use in other locations. The Platform and all materials found on the Platform are solely directed to individuals, companies, or other entities located in the United States.
8. Term and Termination
A. This Agreement is effective upon your acceptance of it in the course of the Registration (the “Effective Date”) and it shall continue in effect from the Effective Date until terminated in accordance with this section (the “Term”).
B. In the event of a breach of a provision of these Terms, the notice and cure procedures set forth in this paragraph shall apply. The non-breaching party shall give the breaching party notice describing the breach and stating the time, as provided herein, within which the breach must be cured. If a provision of these Terms sets forth a cure period for the breach in question, then that provision shall take precedence over any cure period set forth in this paragraph. No cure period shall be required, except as may be provided otherwise in these Terms, if these Terms set forth specific deadline dates for the obligation allegedly breached. If the breach is of an obligation to pay money, the breaching party shall have five business days to cure the breach after written notice thereof by the non-breaching party. If the breach involves your use or disclosure of the Platform or Content other than in compliance with the license granted in these Terms, then the non-breaching party, in its sole discretion, may specify in the notice of breach that no cure period will be permitted. If the breach is other than a breach of the kind described above in this paragraph, then the cure period will be 30 days after the notice of the breach by the non-breaching party.
C. If a breach has not been cured at the end of the applicable cure period, if any (or upon such breach if no cure period is permitted), then the non-breaching party thereupon may terminate these Terms by notice to the other party. Termination by Company shall terminate all licenses granted to You herein. These Terms and the licenses granted to You herein shall terminate automatically, to the extent permitted by applicable law if You make an assignment for the benefit of its creditors, file a petition for bankruptcy, receivership, reorganization, or other like proceeding under any present or future debtor relief law (or is the subject of an involuntary such petition or filing that is not dismissed within 60 days after the effective filing date thereof), or admit a general inability to pay its debts as they become due. Any termination of these Terms shall be in addition to, and not in lieu of, any other rights or remedies available at law or in equity. Epic Will may terminate this Agreement and the licenses granted herein at any time by disabling access to the Platform.
D. Upon expiration or termination of this Agreement, you acknowledge and agree that Epic Will may terminate your account and destroy all information and data associated with your account, including User Content and Legal Forms. You should make arrangements to maintain outside of the Platform copies of Legal Forms completed by you.
9. You agree to pay us in accordance with our terms of sale
A. You agree to pay all charges incurred under your account at the prices in effect when such charges are incurred. By submitting an order, you represent and warrant that you are authorized to use the designated payment method, and you authorize Epic Will, through its third party payment processor, to charge for the order (including taxes, service charges, commissions, and any other amounts described) to that card or other payment method. You agree that Epic Will may immediately authorize the credit card (or other approved facility) for payment for any order made under your account. You are responsible for all activities and charges that occur under your account, and your liability for such charges shall continue after termination of this Agreement. You shall make remittances to Epic Will in U.S. Dollars. Acceptance of any partial payment shall not constitute a waiver of Epic Will’s right to payment in full of all amounts properly due and owing from You to Epic Will. You agree to keep all payment cards or other payment method information current.
B. You will pay when due any applicable taxes, levies, or assessments, if any, relating to any your purchases, transactions or other monetary transaction interactions.
C. Epic Will may add new products or services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
D. If you register with us, you may cancel your account at any time by terminating this Agreement; however, there are no refunds for cancellation. In the event that Epic Will suspends or terminates your account for a breach of these Terms, you understand and agree that you shall receive no refund or exchange for any Content, any unused time or service on a subscription, any license or subscription fees for any portion of the Platform, any content or data associated with your account, or for anything else.
E. Epic Will may offer free access to the Platform, subject to the terms of our then-current pricing plans. We may change listed prices at any time, including changing from a free service to a paid service and charging for access to or use of the Platform that was previously offered free of charge; provided, however, that we will provide You with prior notice and an opportunity to terminate this Agreement if we change the price of a service to which You are subscribed and will not charge You for a previously free service unless You have been notified of the applicable fees and agreed to pay such fees.
F. Epic Will may offer a 30-day money back guarantee on the State Specific Last Will & Testament, Advance Directive and Powers of Attorneys - both Health Care and Financial (the “product”). The guarantee is only valid should the product not meet your states legal statues for a valid Last Will & Testament, Advance Directive and Powers of Attorneys - both Health Care and Financial and has not been downloaded. Should the customer run into an issue with the software, Epic Will may offer the money back guarantee, so long as every reasonable effort has been made to rectify the situation by the customer with Epic Will Support. Epic Will does not provide any additional documents beyond the product documents such as letters to guardians, instructions to trustees, funeral instructions or the like. The guarantee does not apply to preferences that are not a part of the product documents. When you purchase a package from Epic Will, you are choosing to complete an online process that collects all of the information necessary to complete the "product", which includes but is not limited to an address, phone number and email address for your family, Representatives, Guardians and Agents. Deciding you do not want to include this information online, does not fall under the money back guarantee.
10. Your Data; Communications
A. Privacy Policy. You provide us your data at your own risk. We care about the privacy of our users. You can view our privacy policy at www.epicwill.com/privacy. You consent to have your personal data collected, used, transferred to and processed in the United States in accordance with our Privacy Policy. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You agree that you provide your personal information and other data provided to us at your own risk.
B. Collection of Technical Data. Notwithstanding anything to the contrary herein, Epic Will shall have the right to collect and analyze data and other information relating to the provision, use and performance of the Platform and related systems and technologies, and Epic Will will be free (during and after the Term) to (i) use such information and data to improve and enhance the Platform and for other development, diagnostic and corrective purposes in connection with the Platform and other service offerings, (ii) disclose such data solely in aggregated or de-identified form in connection with its business, and (iii) otherwise use and disclose such data as set forth in the Privacy Policy.
C. License to User Data. In order for Epic Will to provide the Platform, You grant to Epic Will a non-exclusive right and license to use, copy, distribute, display, and transmit information entered during Registration and otherwise entered into the Platform to the extent necessary to provide the Platform and Content, including the Legal Forms.
D. BY PROVIDING YOUR INFORMATION VIA THE REGISTRATION AND PLATFORM, YOU AUTHORIZE EPIC WILL, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, AND CONTRACTORS (INCLUDING A CALL CENTER) TO INITIATE ELECTRONIC COMMUNICATIONS BY E-MAIL, TELEPHONE CALLS TO NUMBERS (INCLUDING TO CELLULAR PHONE) THAT ARE PROVIDED THROUGH THE PLATFORM OR AS PART OF THE REGISTRATION, AND TEXT MESSAGES (SMS OR MMS) TO CELLULAR PHONE NUMBERS THAT ARE PROVIDED THROUGH THE PLATFORM OR AS PART OF THE REGISTRATION TO PROVIDE ORDER UPDATES OR OTHER PURPOSES RELATED TO THE PLATFORM AND YOUR RELATIONSHIP WITH EPIC WILL. YOUR CARRIER MAY CHARGE FOR THESE INCOMING CALLS OR MESSAGES. YOU CONSENT TO SUCH COMMUNICATIONS, WHICH MAY OCCUR BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM. TELEPHONE CALLS MAY BE RECORDED. STANDARD DATA AND MESSAGE RATES MAY APPLY FOR SMS AND MMS ALERTS, WHETHER YOU SEND OR RECEIVE SUCH MESSAGES, AND YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH CHARGES. DO NOT SUBMIT YOUR INFORMATION IF YOU DO NOT CONSENT TO BEING CONTACTED BY TELEPHONE, TEXT, OR EMAIL.
11. DMCA Notice
A. We respect content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed (or, if the claim involves multiple works on the Website, a representative list of such works);
- Identification of the material that is claimed to be infringing in a sufficiently precise manner to allow us to locate that material;
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, e-mail address;
- A statement that you 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 law;
- A statement that the above information is accurate; and
- A statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following: DMCA Agent, 5 Minute Will, LLC d/b/a Epic Will, 1804 Williamson Court, Suite 207, Brentwood, TN 37027. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
B. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
C. Please note that this procedure is exclusively for notifying Epic Will that your copyrighted material has been infringed. The preceding requirements are intended to comply with Epic Will’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
D. In accordance with the DMCA and other applicable law, Epic Will has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. No Warranties; Risk Allocation
A. You Indemnify Us. You agree to defend, indemnify and hold harmless Epic Will and its agents, its licensors, and their managers and other affiliated companies, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, suits, proceedings, damages, judgments, awards, settlements, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and disbursements and costs of investigation, litigation, expert witness fees, settlement, judgment, interest, and penalties) arising from: (i) your use of and access to the Platform, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Platform with your unique username, password or other appropriate security code.
B. No Warranties. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EPIC WILL, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, AND THE SERVICES ARE PROVIDED WITHOUT, ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT EPIC WILL KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), QUALITY, OR NON-INFRINGEMENT, WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. EPIC WILL EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN YOU.
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EPIC WILL OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, EPIC WILL AND ITS LICENSORS DO NOT WARRANT THAT THE PLATFORM OR CONTENT ARE ACCURATE, RELIABLE OR CORRECT; THAT ANY LEGAL FORM PROVIDED IS SUITABLE FOR A PARTICULAR PURPOSE OR THAT ANY LEGAL FORM IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY; THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE PLATFORM OR CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLATFORM AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE PLATFORM. EPIC WILL DOES NOT WARRANT THAT E-MAIL OR OTHER MESSAGES SENT THROUGH THE PLATFORM WILL REACH THE INTENDED RECIPIENT(S) AND NOT BE DIVERTED OR BLOCKED BY ANTI-SPAM MECHANISMS. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
D. DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, EPIC WILL DOES NOT WARRANT THAT THE PLATFORM, OR ANY EQUIPMENT, SYSTEM, OR NETWORK ON WHICH IT IS USED OR ACCESSED, WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK THAT RESULTS IN YOUR INABILITY TO USE THE PLATFORM OR THE UNAUTHORIZED ACCESS OR DISCLOSURE OR COMPROMISE OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL EPIC WILL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
E. Third party services. The Platform may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Epic Will. We DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, AND EPIC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. If you access a third party website from the Platform, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly relieve Epic Will from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
F. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EPIC WILL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM; (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM; AND/OR (VII) ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. EPIC WILL EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY.
G. Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EPIC WILL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR (i) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; (ii) DAMAGES FOR INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS PRODUCTION OR LOSS OF REVENUE OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA OR BREACH OF DATA OR SYSTEM SECURITY; (v) COST OF REPLACEMENT GOODS OR SERVICES OR (vi) OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICES IN EACH CASE REGARDLESS OF WHETHER EPIC WILL WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE..
H. Maximum Aggregate Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EPIC WILL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS, AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE PLATFORM) EXCEED THE AMOUNT YOU PAID TO EPIC WILL HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EPIC WILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
I. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations and disclaimers above may not apply to you. To the extent applicable law does not permit such disclaimer of warranty or limitation of liability, the scope and duration of such warranty and the extent of such liability shall be the minimum permitted under such applicable law.
J. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THIS AGREEMENT ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED IN THIS AGREEMENT AND FOR PROVIDING CUSTOMER WITH ACCESS TO THE PLATFORM.
K. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IF YOU ARE A NORTH CAROLINA RESIDENT, WE DO NOT DISCLAIM ANY WARRANTIES OR LIABILITY, WE DO NOT LIMIT THE DAMAGES OR OTHER REMEDIES AVAILABLE TO YOU, AND THE INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS AGREEMENT DO NOT APPLY TO YOU.
13. Dispute Resolution
A. You and Epic Will agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Platform or use of the Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Epic Will are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Epic Will otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
B. Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
C. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Tennessee and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
D. Arbitration Location and Procedure. Unless you and Epic Will otherwise agree, the arbitration will be conducted in Williamson County, Tennessee, or, if you reside in North Carolina, the arbitration will be conducted in North Carolina. IF YOU ARE A NORTH CAROLINA RESIDENT, YOU ARE NOT REQUIRED TO AGREE TO JURISDICTION OR VENUE IN ANY STATE OTHER THAN NORTH CAROLINA FOR THE RESOLUTION OF DISPUTES BETWEEN US AND YOU. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Epic Will submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
E. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of section 12 above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Each party will bear its own fees and expenses. In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted.
F. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Epic Will will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
G. Changes. Notwithstanding the provisions of the “Modifications to Terms of Service” section above, if Epic Will changes this “Dispute Resolution” section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and 5MW in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
H. Confidentiality. The parties agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by the parties and the decisions made by the arbitral tribunal, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law.
14. Miscellaneous
A. Copies of Legal Forms. We provide watermarked blank document templates of the Legal Forms upon request. To request such templates, please write to us at 1804 Williamson Court, Suite 207, Brentwood, TN 37027, specifying which document templates you are requesting.
B. Assignment. These Terms are assignable only by Epic Will. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be transferred or assigned by Epic Will without restriction. Any attempted sublicense, transfer, or assignment in violation of this Agreement is void. This Agreement will be binding upon and inure to the benefit of the parties and their successors and permitted assigns.
C. Controlling Law and Jurisdiction. You agree that: (i) the Platform shall be deemed solely based in Tennessee; and (ii) the Platform shall be deemed passive that do not give rise to personal jurisdiction over 5MW, either specific or general, in jurisdictions other than Tennessee. You expressly agree that your rights and obligations, these and any disputes shall be governed by and interpreted in accordance with the laws of the state of Tennessee, excluding its choice of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Epic Will that arises in whole or in part from or in connection with the Platform or the Legal Forms shall be decided exclusively by a court of competent jurisdiction located in Williamson County, Tennessee, unless submitted to arbitration as set forth in section 13. The foregoing sentence shall not apply to North Carolina consumers. You also acknowledge and agree that you and Epic Will are each waiving the right to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Epic Will otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
D. Notification Procedures. Epic Will may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice to the address provided in the Registration, written or hard copy notice to the address provided in the Registration, or through conspicuous posting of such notice on our web site, as determined by Epic Will in our sole discretion. Epic Will reserves the right to determine the form and means of providing notifications to our users. Epic Will is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add Support@epicwill.com to your email address book to help ensure you receive email notifications from us. You may provide notice to us in writing by certified U.S. Mail to our offices, which are located in Brentwood, Tennessee at 1804 Williamson Court, Suite 207, Brentwood, TN 37027.
E. Entire Agreement; Severability. This is our entire agreement and no prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. If any portion of this Agreement is deemed invalid, then (i) the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable will be unaffected; (ii) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (iii) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (iv) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity...
F. Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Epic Will’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
G. Force Majeure. Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of such party and not due to such party’s own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
DISCLAIMER
Epic Will is website that gives visitors a general understanding of the law and provides an automated software solution to individuals who choose to prepare their own legal documents. The Site includes general information on legal issues. We do not review your answers or completed Forms for legal sufficiency; draw legal conclusions; provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, strategies, or selection of forms; or apply the law to the facts of your particular circumstance.
Epic Will is not a law firm and may not perform services performed by an attorney. Neither we nor our employees are acting as your attorney. Any use of the Site does not create or constitute an attorney-client relationship between you and Epic Will or any employee of or other person associated with Epic Will.
The information contained in the Site is general legal information and should not be construed as legal advice to be applied to any specific factual situation. As the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, the information or use of documents on the Site is not a substitute for the advice of a lawyer. Epic Will, our online platform, and its Forms are not a substitute for the advice or services of an attorney. If you are unsure whether your particular situation requires that a document be changed, you should consult a lawyer.
Epic Will does not endorse any content provided by any linked sites, nor does it assume any responsibility for the interpretation or application of any information originating from such content. In addition, Epic Will does not endorse any content contained in any advertising on the Site, nor does it assume any responsibility for the quality or integrity of such work.
This Disclaimer is incorporated into our Terms of Use, and therefore governs your use of the Site. Refer to the Terms for more information. Capitalized terms that are not defined herein are defined in the Terms of Use.