WHAT INFORMATION DO WE COLLECT?
This agreement (the “Agreement” or the “Terms of Services”) describes the terms on which EPC Solution offers you online technical support services across a wide range of computing and communication devices and software. This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Services, including the policies and terms linked to or otherwise referenced in this Agreement, all of which are hereby incorporated into this Agreement.
By using the Services, you agree to and accept these Terms of Services, including all policies and terms linked to or otherwise referenced herein. If you do not so agree, you should decline this Agreement, in which case our offer to provide you our services stands withdrawn.
The Services exists only as long as and in the form that we may provide the Services, and all aspects of the Services are subject to change or elimination.
EPC Solution has the right to change, and/or eliminate any aspect(s),feature(s) or functionality of the Services as it sees fit at any time without notice, and EPC Solution makes no commitment, express orimplied, to maintain or continue, any aspect of the Services. You acknowledge that your use of the Services is subject to this risk and that you knowingly assume it and make your decisions to purchase the Services.
Your information on the hardware is not confidential. Further, you represent that your hardware and software is original.
(i) your information on the hardware or software for which access is provided to EPC Solution for their services will be treated as non-confidential and
(ii) EPC Solution does not assume any obligation of any kind to you or any third party with respect to this information.
You also warrant that the hardware and software for which you are seeking services from EPC Solution is original. Each time you provide access to any hardware and software for support services by IEPC Solution, you represent and warrant that you are
(a) the owner of the property and other rights to the software, or you have a lawful right to offer for services to EPC Solution the hardware and or software
(b) granting by this Agreement and any Additional Terms, all without any EPC Solution obligation to obtain consent of any third party and without creating any obligation or liability of EPC Solution ;
(c) the access to hardware or software for EPC Solution services will not infringe any intellectual property or other right of any third party; and
(d) will not violate this Agreement or any Additional Terms, or cause injury or harm to any person.
The Services is subject to scheduled and unscheduled Services interruptions. EPC Solution may on occasion need to interrupt the Services with or without prior notice. You agree that EPC Solution will not be liable for any interruption of the Services (whether intentional or not), and you understand that, you will not be entitled to any refunds of fees or other compensation for interruption of Services.
Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising there-from. EPC Solution owns the bits and bytes of electronic data stored on its Servers, and accordingly will not be liable for any deletion, corruption or data loss that occurs in connection with the Services.
EPC Solution will solely determine any disposition of the electronic data stored on its Servers and will have no obligation to reproduce, process, transfer, extract or recreate any data from its Servers. Should you choose to buy our Service(s), you agree to the posted pricing and billing policies on the Website. You agree to the pricing, payment and billing policies posted on the Website(s) and/or application(s) related to such fees and charges, plus VAT or other taxes as applicable. Upon your acceptance of these terms and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account (or other payment method) for the applicable fees or charges, plus any applicable taxes that we are required to collect, and you authorize us to do so. Thereafter, if you have purchased a recurring or continuous product or Services, each time your Services period or product delivery comes up for renewal, we have the right to charge your credit card or debit your account the then-current renewal rate plus any applicable taxes we are required to collect, and you authorize us to do so. Any prices posted in US Dollar or non-US Dollar currencies by EPC Solution on the Services do not include any applicable sales tax, unless specifically noted that it is tax inclusive.
EPC Solution does not accept returns or provide refunds of any amounts paid for products or services purchased from EPC Solution .
Purchase of Goods and Services are final, non-refundable and have no monetary value (i.e. are not a cash account or equivalent), after expiration of 3 months of initial delivery of Services, notwithstanding the warranty terms, for services provided under this agreement. Upon your acceptance of these terms and submission of your order, you hereby agree that you will not have any rights, whatsoever, to establish any dispute for the charge on the credit card or the debit card used to pay for your Services requests.
TERMINATION OF YOUR ACCOUNT/Services REQUEST(S)
You may terminate your Services request at any time. You may terminate this Agreement by requesting for cancellation of your purchase request for our services, at any time for any reason. In such event, EPC Solution shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.
We may terminate your Accounts for violation of this Agreement.
EPC Solution may suspend or terminate your Services request if you violate this Agreement, along with any or all other of your Services requests, as determined by EPC Solution in its discretion, and your violation of this Agreement shall be deemed to apply to all such services requests. Upon termination of your Services requests, this Agreement between us will be automatically terminated and you may not re-subscribe or return to the Services through other or future Accounts you or others may set up.
We may terminate your Account(s) to protect the best interests of the Services and the community or if we believe you pose an unacceptable risk to the community.
We may terminate your Services requests if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of EPC Solution , the Services community or any third party.
We may terminate your Accounts upon a general suspension or discontinuation of the Services. If EPC Solution elects to generally suspend or discontinue the Services, in whole or in part, for any reason,you will not be entitled to compensation for such suspension or termination, and you acknowledge that EPC Solution will have no liability to you in connection with such suspension or termination.
Upon termination, you will remain liable for any unpaid amounts owed by you to EPC Solution , including for part of the work performed related to your Services requests, prior to Services request cancellation from you, or termination of Services due to your violation of terms of this agreement or due to termination of Services due to reason of the best interests of the Services and the community. Some terms of this Agreement will survive and continue after termination.
The provisions of this Agreement and any Additional Terms which by their nature should survive your suspension or termination will survive, including the warranty rights for services purchased previous to the date of termination of your account, as well as to the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action and mandatory arbitration.
PRIVACY AND YOUR PERSONAL INFORMATION
Your privacy is important to us. You understand and agree that through your use of the Services you consent to the collection and use of your information. If you object to your information being used, please do not use the Services.
RELEASES, DISCLAIMERS, LIABILITY LIMITS AND INDEMNIFICATION
EPC Solution is NOT liable for its users’ actions, and you release EPC Solution from any claims relating to its users. You agree not to hold EPC Solution liable for the Content, actions, or inactions of other users. As a condition of access to the Services, you release EPC Solution (and its officers, directors, shareholders, agents, subsidiaries and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with users of services, including whether or not EPC Solution becomes involved in any resolution or attempted resolution of the dispute.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You agree and understand that EPC Solution does not control and is not responsible for information you provide to parties other than EPC Solution.
EPC Solution’ liability to you is expressly limited, to the extent allowable under applicable law.
IN NO EVENT SHALL EPC Solution OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, RELIANCE, SPECIAL, OR PUNITIVE LOSSES OR DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE Services (INCLUDING ITS MODIFICATION OR TERMINATION), EPC Solution SOFTWARE, THE WEBSITES, THE SERVERS, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT EPC Solution MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EPC Solution’S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF
(i) ONE HUNDRED DOLLARS (U.S. $100.00); OR
(ii) THE FEES, IF ANY, PAID BY YOU FOR USE OF THE Services; PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you. In such jurisdictions, the liability of the EPC Solution parties to you is limited to the lowest amount permitted by applicable law.
You agree to indemnify EPC Solution from claims relating to your use of the Services. At EPC Solution’ request, you agree to defend, indemnify and hold harmless EPC Solution, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from:
(i) your User Content;
(ii) your acts, omissions, or use of the Services, including without limitation your negligent, willful or illegal conduct;
(iii) your breach or alleged breach by you of this Agreement, including without limitation your representations and warranties relating to your Content;
(iv) your violation or anticipatory violation of any applicable law, rule or order in connection with your use of or activities in the Services;
(v) information or material transmitted through your Internet Device that infringes or misappropriates any Intellectual Property Right;
(vi) any misrepresentation made by you;
(vii) EPC Solution use of the information that you submit to us;
(viii) your purported “ownership of any hardware or software; or
(ix) the increase or decrease in “value” or loss of data, if EPC Solution deletes, terminates, or modifies them
(all of the foregoing, “Claims and Losses”) . We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not settle any Claims and Losses without, in each instance, the prior, written consent of an officer of EPC Solution.
DISPUTE RESOLUTION AND ARBITRATION
If a dispute arises between you and EPC Solution regarding a claim, we agree to alternative dispute resolution. Our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. If any controversy, allegation or claim arises out of or relates to the Services, your hardware and or software, the Website(s), the Content, your User Content, your Unsolicited Ideas and Materials, this Agreement, or any Additional Terms (collectively, “Dispute”), or to any of EPC Solution’ actual or alleged intellectual property rights (an “Excluded Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us.
However, if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to: EPC Solution Inc., One Commerce Center , 1201 Orange St. #600, Wilmington, County – Newcastle, Delaware 19899, Attention: General Counsel. For a period of sixty (60) days from the date of receipt of notice from the other party, EPC Solution and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though neither party is required to resolve such dispute on terms which each party, in its sole discretion, is uncomfortable.
If we cannot resolve a Dispute within sixty (60) days of receipt of such notice, then either you or we may submit the Dispute to formal arbitration as hereinafter described. If we cannot resolve an Excluded Dispute within sixty (60) days of receipt of such notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and EPC Solution consent, in a writing signed by you and EPC Solution’ General Counsel, to have that Excluded Dispute subject to arbitration. In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section.
Upon expiration of the applicable sixty (60) day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association
(“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single, neutral arbitrator who is a retired judge or a lawyer with not less than ten (10) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if EPC Solution elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single, neutral arbitrator, then the arbitration will be heard and determined by a three (3) member panel, with one member to be selected by each party and the third (who will chair the panel) selected by the two (2) party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of this Agreement and any additional Terms, will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award.
If you and EPC Solution do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph, then this paragraph and the remainder of this Section will not apply to the Excluded Dispute. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration Services that you and a legal officer of EPC Solution consent to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above will also apply to any such arbitration under JAMS or other arbitration Services. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 1.800.778.7879 or www.adr.org JAMS: 1.800.352.5267 or www.jamsadr.com In arbitration, as with a court, the arbitrator must honor the terms of this Agreement (and any Additional Terms) and can award the prevailing party damages and other relief (including attorneys’ fees).
However, WITH ARBITRATION
(A) THERE IS NO JUDGE OR JURY,
(B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND
(C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.
All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require EPC Solution to pay a greater portion or all of such fees and costs in order for this arbitration provision to be enforceable, then EPC Solution will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and award (if any) may be entered in or by any court that has urisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act. The foregoing provisions of this Section will not apply to any legal action taken by EPC Solution to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, the Website(s), the Content, your User Content or Unsolicited Ideas and Materials and/or EPC Solution’ Intellectual Property Rights (including such EPC Solution may claim that may be in dispute), EPC Solution’ operations, and/or EPC Solution’ products or services.
Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to this arbitration provision holds that this restriction is unenforceable, then our agreement above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 10.2 below.
The applicable law and venue is in Union City, CA. You agree that this Agreement and the relationship between you and EPC Solution shall be governed by the laws of the State of CA without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Further, you and EPC Solution agree to submit to the exclusive personal jurisdiction and venue of the courts located in the Union City, CA, except as provided elsewhere in this document regarding arbitration.
No Equitable or Injunctive Relief.
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES OR DAMAGES IN CONNECTION WITH YOUR USE OF THE Services, THEN THE LOSSES AND DAMAGES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, USER CONTENT, UNSOLICITED IDEAS AND MATERIALS, PRODUCT, Services, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY EPC Solution OR A LICENSOR OF EPC Solution .
Improperly Filed Claims are Subject to Attorneys’ Fees and Costs. All claims you bring against EPC Solution must be resolved in accordance with this Dispute Resolution and Arbitration Section. All claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed and a breach of these Terms of Services. Should either party file a claim contrary to this Dispute Resolution Section, the other party may recover attorneys’ fees and costs, provided that such party seeking such fees has notified the other in writing of the improperly filed Claim, and the other has failed to promptly withdraw the Claim.
You may not assign your Account; we may assign this Agreement. You may not assign this Agreement or your Services account without the prior written consent of EPC Solution. EPC Solution may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement.We agree to provide each other with notices in a specified manner.
EPC Solution may give notice to and obtain consent from you by one or more of the following means: through the Services or Website, by electronic mail to your e-mail address in our records, or by written mail communication to the address on record for your Account. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically.
All notices given by you or required under this Agreement shall be faxed to EPC Solution Legal Department at: 866-296-7712; or
mailed to us at: EPC Solution Legal Department, One Commerce Center , 1201
Orange St. #600, Wilmington, County – Newcastle, Delaware 19899.
This Agreement and the referenced Policies are the entire understanding between us.This Agreement, including the Additional Terms and policies referenced in this Agreement, sets forth the entire understanding and agreement between you and EPC Solution with respect to the subject matter here of and supersedes any prior or contemporaneous agreements or understandings.
EPC Solution reserves the right to modify this Agreement and any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on our website, and that your use of the Services after we post the Updated Terms (or engaging in other such conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this Agreement and any Additional Terms on a regular and frequent basis. The Updated Terms will be effective as of the time that EPC Solution posts them or such later date as may be specified in them. You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Agreement.
The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. As used in this Agreement, references to a determination made in EPC Solution’ discretion means that the determination would be made by EPC Solution in accordance with its good faith business judgment. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions. All clients agree to the below in additional to our terms and conditions as stated above.
EPC Solution and its Certified Technicians are not prepared to Services systems that are found to have illegal software, illegal computer files or any data material that infringes copyright law or any other laws in the US. We are responsible for reporting any illegal activities to the authorities. This does not affect your statutory rights.
OUT OF SCOPE SERVICES
Hardware failure/Dead Devices Power failure ISP (Internet Services Provider) issues How To Issues Tutorials Any other issue which is diagnostic by our expert technician that cannot be fixed neither on remote control nor on phone support or chat support.