Terms of Use

Introduction

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

This website (Website) is provided by Epoq, Inc. (EI) which is a Massachusetts corporation (ID 001419563) whose registered office address is 82 Wendell Avenue, STE 100, Pittsfield, MA 01201.

These terms of use form part of the conditions (Conditions) that govern your use of the Website. The notice of ownership of intellectual property rights (Intellectual Property Rights Notice) as detailed on the Website also forms a part of the Conditions. It is important that you read and understand the Conditions before you start to use the Website. You can print and keep a copy for your reference.

Reference to our, us and we on the Website is a reference to EI.

By using the Website, you indicate that you accept the Conditions and that you agree to abide by them. If you do not agree to the Conditions, please refrain from using the Website.

These terms of use form part of the conditions (Conditions) that govern your use of the Website.

Our notice of ownership of intellectual property rights (Intellectual Property Rights Notice) as detailed on the Website forms a part of the Conditions. It is important that you read and understand the Conditions before you start to use the Website. You can print and keep a copy for your reference.

Reference to our, us and we on the Website is a reference to ELL.

By using the Website, you indicate that you accept the Conditions and that you agree to abide by them. If you do not agree to the Conditions, please refrain from using the Website.

Privacy Notice

We respect your privacy and permit you to control the treatment of your personal information. Please refer to the Privacy Notice on the Website for our policy relating to the capture and use of personal data.

Licence

We grant to you a non-exclusive, non-transferable, limited licence only to use the Website, in accordance with the provisions set out in the Conditions. All rights not expressly granted to you in the Conditions are reserved by us and, if applicable, our licensors.

Legal capacity

You represent and warrant that you possess the legal right, capacity and ability to agree to the Conditions and use the Website in accordance with them.

Website limitations

The content of the Website is provided for guidance and information purposes only and is not to be construed as advice. We do not in any way recommend that the products and services available on the Website are suitable for you in your particular circumstances.

Reasonable efforts will be made to keep the Website available for use and functioning efficiently and reliably; however we cannot guarantee any minimum levels regarding the performance, speed, reliability, availability, use or consistency of the Website because the Website depends on the internet, including networks, cabling, facilities and equipment that are not within our control. We will not be liable for any damage or loss suffered as a result of any interruption in the availability of the Website or reduction in performance levels.

Due to the nature of the internet and the possibility of third party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description or any forms of computer misuse. We will not be liable for any damage or loss caused by such third party interference as a result of your use of the Website. You acknowledge that you are responsible for taking back up copies of your data and taking appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse. In particular, without limitation, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

We aim to update the Website regularly and may change the content at any time. Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material. The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.

Website use

You warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by the Conditions, and any other notices appearing on the Website.

Without limitation, you must not, directly or indirectly:

misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, Adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or disable or circumvent any access control or related process or procedure established with respect to the Website;
scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorised computer or network trespass without the express permission of the owners of such computer systems;
forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website;
impersonate or falsely represent your association with any person, including a representative of ours;
disrupt or threaten the integrity, operation or security of any website, any computer or any internet system;
extract, gather, collect, or store personal information about others without their express consent
attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
use the Website in any way that breaches any applicable local, national or international law or regulation, or which is in any way unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

Website access arrangements and security

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Conditions, and that they comply with them.

You are responsible for the security of any usernames, passwords or access codes that are required for you to access any secure areas of the Website and for ensuring that they are not misused. You must treat such information as confidential and you must not disclose it to any third party. You agree to notify us immediately of any unauthorized use of your access information and to provide assistance to us, as requested, to stop or remedy any breach of security related to your access information.

We shall not be liable for any losses you incur as a result of someone else’s use of your access information, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your access information.

On no account should access information be used for gain – for example, by selling access to others.

You may not use a third party’s access information at any time.

You agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.

Our Remedies

Without limiting any of our other rights, we may suspend, restrict or terminate your use of the Website and disable your access information without notice if, in our sole and absolute discretion, we determine or believe that you have failed to comply with any of the Conditions.

We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.

Third party websites

If there are links from the Website to other websites operated by third parties, these are provided as a convenience only and we do not guarantee you will be able to access those other websites via any link on the Website. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party websites or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites, nor do we accept any responsibility for any damage or loss you may suffer as a result of your use of any third party websites. You acknowledge that you bear all risks associated with access to and use of content provided on a third party website.

You may not establish a link to this Website from any other website without our prior written consent.

Intellectual property

Use of the Website and the content on the Website is subject to the Intellectual Property Rights Notice on the Website.

Liability provisions

The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents, resellers, distributors, suppliers and sub-contractors) to you in respect of:

any breach of the Conditions; or
your use of the Website or any software accessed through the Website; or
any representation, statement or tortious act or omission (including without limitation negligence) arising under or in connection with the Conditions or the Website.

You acknowledge that the following exclusions and/or limitations are reasonable having regard to the fact that the Website is freely accessible and available at no cost.

CUSTOMER ACKNOWLEDGEMENT – YOU ACKNOWLEDGE AND AGREE THAT: (i) ALL USE OF THE WEBSITE PROVIDED BY US IS AT YOUR OWN DISCRETION AND AT YOUR OWN RISK; (ii) THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY US OF SUCH WEBSITES OR THE INFORMATION CONTAINED THEREIN; AND (iii) THE WEBSITE PROVIDED UNDER THE CONDITIONS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

DISCLAIMER OF WARRANTIES – WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE OR ANY PRODUCTS OR SERVICES SUPPLIED UNDER THE CONDITIONS. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.

NO LIABILITY – NOTWITHSTANDING ANY OTHER PROVISION OF THE CONDITIONS, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, OPPORTUNITY, EARNINGS, ANTICIPATED SAVINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THE CONDITIONS OR THE USE, OR NON-USE OF THE WEBSITE, DOCUMENT PREPARATION SERVICE OR ANY SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: (i) ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF THE WEBSITE OR A RELATED COMPONENT; (ii) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO THE WEBSITE. WITHOUT RESTRICTING THE FOREGOING, AND EXCEPT AS PROHIBITED BY LAW, IF CIRCUMSTANCES ARISE IN WHICH YOU ARE OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM US, OUR AGGREGATE LIABILITY FOR DAMAGES (INCLUDING COSTS AND EXPENSES) IS LIMITED TO THE GREATER OF 1,000 USD OR THE AMOUNT PAID TO US BY YOU THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE CIRCUMSTANCES IN WHICH SUCH LIABILITY ARISES.

APPLICABILITY – SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THE CONDITIONS CONSISTENT WITH SUCH PROHIBITIONS.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE CONDITIONS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THE CONDITIONS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

If at any time you become aware of any violation, by any person or entity, of any part of the Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.

Modifications

From time to time, we may restrict access to some parts, or all, of the Website.

We reserve the right to change the terms, conditions, and disclaimers under which the Website is offered. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

This right shall not affect the then existing terms and conditions accepted by you when using the Website on a previous occasion.

Waiver of rights and remedies

Our failure to insist upon or enforce strict performance of any provision of the Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of the Conditions. Our rights, powers and remedies in the Conditions, including without limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

Severability

If any provision of the Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

Assignment

We may at any time assign our rights or sub-contract our obligations under the Conditions, in whole or in part, without notice to you.

Force majeure

Neither of us will be responsible for a failure to fulfil our obligations under the Conditions or for delay in doing so if such failure or delay is due to circumstances beyond our reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.

Entire agreement

The Conditions, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein constitute the entire agreement between us and you with respect to the matters referred to in the Conditions and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

English language

The Conditions (and all communications) are in English.

Governing law

The Conditions shall be governed by, and will be construed in accordance with the laws of the state of Massachusetts, without regard to conflicts of laws.