Welcome to EPX.Global. Please read these Terms of Service carefully before using the services offered by EPX
("EPX", "us", “we”). These Terms of Service set forth the terms and
conditions of our relationship and for your use of
the EPX.global website (the "Site") and any other of our related sites, platforms,
applications, and services provided
by us (collectively, the "Services") to you.
This Agreement entered into between you and EPX, supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
The Site and Services
You understand that EPX provides and facilitates a platform for Members to connect with other Members to engage in online and off-line events, adventures, renting property, selling and buying products and services and learning from each other.
You understand and agree that, as a result, even though EPX and its agents may help facilitate the transactions between Members, EPX is not involved and does not participate in such transactions between Members. As used in this Agreement, a “Transaction” shall mean any type of engagement, agreement, booking, transaction, or any other type of arrangement between Members.
You understand that Members are neither employees nor agents nor representatives of EPX.
You are solely responsible for every Transaction occurring under your account.
You understand that even though EPX may use a third-party identity verification service provider to verify the identities of its Members, EPX is not responsible for and does not screen Members for the accuracy of their information. You further understand that EPX does not review, endorse, recommend, verify, evaluate, warrant or guarantee the conditions or features of any Transaction, or the claims or background of any Member or other user.
You understand that while EPX may conduct identity verifications on Members (including Verified Members), information obtained by EPX about any Member should not be taken as complete, accurate, up-to-date or conclusive of the Member’s suitability as a Services user, offeror in a Transaction, a provider of any other goods or services that may be offered by such Member, nor the quality or safety of any Transaction. Users are responsible for interviewing, verifying information provided by other users, and ultimately selecting an appropriate user for any Transaction.
EPX THEREFORE STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THE SITE AND SERVICES. EPX DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OR SCREENINGS OF ALL ITS USERS OR OF THOSE PERSONS PARTICIPATING IN A TRANSACTION WITH USERS, NOR OTHER SERVICE PROVIDERS (COLLECTIVELY, “SERVICE PROVIDERS”). EPX ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL ITS USERS OR SERVICE PROVIDERS, OR ATTEMPT TO VERIFY THE STATEMENTS OF USERS OR SERVICE PROVIDERS, BUT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
You understand that it is your duty to confirm or verify any information provided by any other user and that you bear the sole risk of relying on any such information. Under no circumstances will EPX be liable for any loss or damage caused by your reliance on any information, representation, or statement available on or through the Site and/or Services. You agree to take all necessary precautions in all interactions with other users.
You are solely responsible for all Member content from your account. “Member Content” means anything that a user transmits to the Site or Services or to another in the course of using the Site or Services. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Member Content.
You understand that if you directly provide any Member or service provider with any payment, credit card, or other payment information, it is at your own risk. EPX is not responsible for any payment exchanged outside EPX’s membership fees related to the Site or Services.
Payment Terms for Member Transactions
If you are a Verified Member, the relationship between EPX and you as a Verified Member is subject at all times to the Verified Member Agreement between you and EPX, which is incorporated herein by reference.
You, and not EPX, are solely responsible for determining the price of any Transaction, along with any additional costs to be included or factored into such price (the “Transaction Price”). As a Verified Member, you acknowledge and agree that you are solely responsible for any and all of your Transaction listings on the Site and Services.
Verified Members can offer a Transaction through the Site and/or Services. It is important that Members check the information entered and correct any errors before participating in a Transaction.
Offering a Transaction on the Site and/or Services is an arrangement solely for you to participate in the Transaction, and you may not offer a Transaction for more than one person or any person other than yourself.
If you request to participate in a Transaction and you are accepted by another Member, you will be responsible and liable to pay the Transaction Price and any other fees due for such Transaction, subject, in each case, to this Agreement and any other terms and conditions specific to the Transaction as agreed between you and the Member.
If you have a problem related to your Transaction (either before, during, or after), please inform the offering Member. Because a Transaction is a contract directly between Members among themselves, Members will be solely responsible for resolving any dispute arising out of or related to any Transaction, regardless of whether EPX has spoken to any Member regarding the issue. Under no circumstances shall EPX have any obligations or liability regarding disputes between related to any Transaction other than as set forth in this Agreement.
As a Member participating in a Transaction, you accept responsibility for your conduct during any Transaction. EPX shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative travel, accommodations, supplies, or substitute, replacement or any other products or services) that you may incur as a result of your Transaction being terminated early by any Member because of your behavior.
You understand any and all fees, expenses, and payments for any Transaction shall be arranged directly between Members themselves.
You understand that EPX does not collect, nor store payment and/or credit card information from you and that all payments are facilitated separately by Braintree, a Paypal company, or any third-party payment or service facility used by EPX.
You understand that any and all credit card, debit card, bank, or other payment information supplied by you to pay for any Transaction is transmitted directly to Braintree or any third party payment or service facility used by EPX, which processes, stores, and otherwise uses such information in order to facilitate payment to a Verified Member.
You agree that you will be subject to Braintree’s Services Agreement, located at https://www.braintreepayments.com/legal/payment-services-agreement, which is incorporated herein by reference.
You understand that all pricing, rates, and fees for any Transaction, including the Transaction Price, are set by the Verified Member offering the Transaction and that EPX does not set any such pricing, rates, or fees.
You understand that once you make payment for any Transaction, you will not seek to cancel, charge back, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue.
Payment Terms for EPX Fees
You will be responsible for the accuracy and completeness of the information provided through your EPX account and for any Member Content. You agree that you will not create more than one account. By creating an account for your use of the Services, you warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts. You understand that EPX may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. EPX further reserves the right (without undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
After you create an account and wish to upgrade to a paid membership (Explorers or Legends), you must agree to a specific plan for a certain price (the “Fee”, which can include additional EPX transaction fees or event fees) for either a monthly or annual period (as applicable, the “Membership Period”). EPX will charge you on the first day of each Membership Period. Any changes in the Services pricing will take effect at the start of the next Membership Period following the date of the price change. If you do not terminate your subscription at least 30 days prior to the start of the next Membership Period, your Payment Method will be automatically charged for the next Membership Period.
All credit card, debit card, bank, or other payment information supplied by you to pay for the Fees (your “Payment Method”) is transmitted directly to Braintree or another third party service, which processes, stores, and otherwise uses such information in order to facilitate payments. EPX does not store your Payment Method information. All payments are facilitated separately by Braintree or another third party service. By providing your Payment Method, you authorize EPX to charge your Payment Method for each Fee. You agree to ensure that the Payment Method is accurate and complete. You agree to provide an updated Payment Method upon request or if the Payment Method provided is no longer valid. All Transactions with EPX or other Members or other parties through the Site made through Braintree are subject Braintree’s terms and conditions, available at https://www.braintreepayments.com/legal/payment-services-agreement. All Fees are non-refundable to the extent that is permitted by law.
You hereby authorize us to charge your specified Payment Method in advance on a monthly or yearly basis, as applicable, for your Membership Period and/or to place a hold on your Payment Method with respect to any unpaid charges. You authorize us to continue to attempt to charge and/or place holds with respect to all Fees, or any portion thereof, to your Payment Method until such amounts are paid in full. You acknowledge that EPX will not have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or holds placed on, your Payment Method in accordance with this Agreement. You shall not seek to cancel, charge back, or seek a refund on any basis that is fraudulent, misleading, or untrue. If you believe you have been billed in error for any Fees, please notify us within 60 days of the billing date by emailing us at firstname.lastname@example.org. EPX will not issue refunds or credits, except where required by applicable law.
Your Software subscription will automatically renew on a monthly or yearly basis, depending on the Membership Period you have selected, at the then-current Fee for your plan until cancelled in accordance with this Agreement. Any changes in the Services Fee for your plan may take effect at the start of the next Membership Period following the date of the price change. Your failure to terminate, or continued use of, the Software reaffirms that we are authorized to charge you the Fee for the plan and Membership Period you have chosen. If you cancel your subscription to the Software during the Membership Period, you will continue to have access to the Software through the end of the Membership Period and will not be eligible for a prorated refund of any Fee paid for the Membership Period.
EPX may immediately terminate or suspend your account, and all or a portion of your subscription to the Services, without notice or refund if: (A) your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend); (B) you provide false or inaccurate information; (C) you violate this Agreement or any other EPX rules, agreements, or policies; (D) you engage in conduct that is a violation of any applicable law; or (E) if you engage in conduct that is threatening, abusive or harassing to EPX employees, agents, or other Members.
If EPX terminates or suspends your membership or account, your use of the Services or any other content provided in connection with your account is also terminated or suspended (as applicable). If your account is terminated, EPX has the right to immediately delete all data, files, and other information related to your account without further notice to you. Should you wish to resume your account or membership after any suspension, you must first pay all past due unpaid charges and other fees.
If you sign up for the FREE membership level of the Services, EPX will make the applicable Services available to you on a free basis until the earlier of: (i) the end of the free period for which you registered to use the Services; or (ii) termination by EPX at any time.
Cancellations and Refunds
All cancellations and refunds are subject to the EPX Cancellation and Refund Policy, which is incorporated herein by reference.
All determinations regarding a cancellation and refund shall be made in the sole discretion of EPX and shall be final and binding on Members.
The Agreement between EPX and You
You are responsible for reviewing changes to this Agreement
This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services, the content, products or services provided by or through the Services, and the subject matter of this Agreement.
This Agreement applies to all users of the Services, including Members.
EPX may make changes to this Agreement from time to time without specifically notifying you.
EPX will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services.
If you continue to use the Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by EPX from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
EPX may edit or modify anything on the Site or Services without notice. EPX is committed to delivering a positive user experience and you understand that EPX reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice and without undertaking any duty to do so.
You are responsible for accepting updated versions of the Site and Services. If EPX provides updated versions of the Site and the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
If you do not accept updated versions of the Site and Services, EPX shall not bear any responsibility or liability for your decision.
What Laws and Rules You Are Responsible For Following
By registering for a EPX account, you represent and warrant that: (a) you are eligible for an account or membership as set forth in this Agreement; and (b) the information you include as part of the registration process and thereafter is accurate and not misleading. User accounts and membership may be obtained and used only by persons who are at least 18 years old. The Site and the Services are not intended for use by children, especially those under age 13. Any use of or access to the Site or the Services by anyone under 18 is unauthorized, as is any account registration by anyone under 18. If you are able to view listed Transactions on the Site and/or Services as an unregistered visitor, and if you wish to participate in or create a Transaction listing, you must first register to create an account or membership and agree to be bounded by this Agreement.
You understand that you may not use the Site or the Services where such use is prohibited. You represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Site and the Services, including but not limited to while on any Transaction.
You shall abide by all applicable local, state, national and international laws, rules, and regulations, whether or not you are a Verified Member. It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws, rules, and regulations applicable to you.
You understand that you are entirely responsible for maintaining the confidentiality of your password and username and any other security information related to your account. You understand that you will be fully responsible for all activities that occur under your account, username and/or password. You agree not allow someone who is not you to use your account, username or password of at any time. You agree to immediately notify EPX of any unauthorized use of your password or your username
We strongly encourage you to change your password at least once a month and you understand that EPX will not be liable for any loss that you incur as a result of someone else using your account or your password.
You understand EPX may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time.
You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way. EPX may terminate your use of or access to the Site and/or Services without reason or notice to you.
Your Relationship with Third Parties
EPX or its business partners may present advertisements or promotional materials via the Site and/or Services.
Your dealings with, or participation in promotions of any third-party advertisers via the Site and/or Services are solely between you and such third party, and your participation is subject to the terms and conditions associated with that advertisement or promotion.
You agree that EPX is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Site and/or Services.
You understand the Site and/or the Services may contain (or you may receive from EPX, third parties or users) links to other websites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, video, information, software, applications and any other content (“Third Party Content”).
You understand and agree that EPX is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that EPX is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
You acknowledge and agree that EPX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
Who Owns What and How You Can Use It
The content, organization, graphics, photographs, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of EPX or may be, to a certain extent, the property of its content suppliers, including but not limited to Members and other users, and are protected under applicable copyrights, trademarks and other proprietary rights.
You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
You agree that EPX, EPX.global and other EPX graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of EPX or its affiliates (“Trademark Content”).
EPX trademarks and trade dress may not be used in connection with any product or service that is not EPX’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EPX.
All other trademarks not owned by EPX or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EPX or its affiliates.
EPX grants you a limited license to access and make personal use of the Site and the Services. The Site and Services are not to be used for commercial purposes by any business or agencies, including but not limited to event, travel, or tourism agencies.
EPX does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
You understand EPX does not grant you the right to resell or make commercial use of the Site and the Services or their contents; make any derivative use of the Site and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You understand the Site and the Services, or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of EPX and our affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing EPX’s name or trademarks without the express written consent of EPX. Any unauthorized use terminates the permission or license granted by EPX.
You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink, or at EPX’s sole discretion other items such as widgets, buttons, or other web page elements, to the home page of EPX so long as the link does not portray EPX, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any EPX logo or other proprietary graphic or trademark as part of the link without express written permission.
You understand that by registering, you will be invited to create a Member profile, and that you may further be invited to participate in online forums, promotions, surveys and other such items and that, accordingly, we may provide you with the opportunity, to transmit Member Content when you create, submit, post, transmit or distribute content and materials to us via the Site and/or Services, such as text, drawings, icons, photos, or videos. You warrant that either: (a) your Member Content is wholly original to you and you exclusively own the rights to your Member Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your Member Content, or who contributed in any way, are depicted in, or have any rights to your Member Content, have granted you permission to submit and license your Member Content to EPX as set forth herein, with full knowledge that EPX may exploit it in any manner whatsoever. You make such warranties without EPX incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
You grant to EPX the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your Member Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that EPX is free to use any ideas, concepts, know-how or techniques contained in any Member Content you send to the Site, Services, or EPX, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such Member Content; and without remuneration of any kind.
You further perpetually and irrevocably grant EPX the unconditional right to use your name, persona and likeness included in any Member Content.
You also grant to EPX the right to sub-license and authorize others to exercise any of the rights granted to EPX.
You authorize EPX to publish your Member Content in a searchable format that may be accessed by users of the Services and the Internet and you waive any rights of attribution and/or any so-called moral rights you may have in any Member Content you submit, even if such Member Content is altered or changed in a manner not agreeable to you.
EPX does not condone nor authorize activities on or through the Services that infringe copyright or intellectual property rights. We will delete any infringing Member Content if properly notified that such Member Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Member Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
A description of the copyrighted work that you claim has been infringed;
A description of the material that you claim is infringing and where it is located on the Site or Services;
Identification of the URL or other specific location on the Site or Services where the material that you claim is infringing is located;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com or by mail at Copyright Agent, c/o EPX, Inc., 1530 PB Ln, #K4781 Wichita Falls, Texas 76302.
EPX reserves the right to terminate your account or any user account that it determines to be a “repeat infringer." A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had Member Content repeatedly removed from the Site or Services.
General Disclaimer, Limitation on Liability & Indemnification
EPX is not responsible for any Third Party Sites, Third Party Content, or any other content posted on the Site and the Services, whether caused by users of the Site and the Services, EPX, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
EPX is not responsible for the conduct, whether online or offline, of any user of the Site or the Services or any other user, Member, service provider of EPX, any Member, or any other party.
EPX has no obligation to review any Member Content, posted to or through the Site and Services, and therefore cannot be responsible for such material or content.
EPX assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
EPX is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Services, including injury or damage to users or to any other person's computer, and/or mobile device.
The Site and the Services may contain information and press releases about EPX. While this information was believed to be accurate as of the date prepared, EPX disclaims any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press releases or otherwise, should not be relied upon as being provided or endorsed by EPX.
Neither EPX nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services and between users of the Site or the Services and Members, whether online or offline.
TO KEEP THE SITE AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THE INFORMATION
THROUGH THE SITE AND THE SERVICES IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR
DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER
NO EVENT WILL EPX OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR
IN ANY TRANSACTIONS, OR YOUR USE OF ANY INFORMATION OR THE SITE OR SERVICES. WE ARE NOT LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU
FROM US THROUGH
THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
EPX’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR THE RELEASED PARTY".
You agree to indemnify, defend, and hold harmless EPX, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (a) your use of the Site and Services, (b) any Member Content, Third Party Content, Third Party Sites and any other content, (c) any damage, loss, expense, claim or other cost suffered by any user or their family members, or to any Transaction via the Site or Services, including but not limited to those incurred as a result of the actions of any user, Member, Service Provider, or any other third party, (d) your violation of this Agreement, or of any law or the rights of any third party, and (e) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
Governing Law & Agreement to Arbitration
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site and/or Services, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas for the resolution of any such dispute.
Agreement to Arbitration
You and EPX agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules.
You agree any arbitration shall take place in the state of Texas in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EPX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Your General Representations and Warranties
You represent and warrant that you will use the Site and Services in accordance with this Agreement or Service terms applicable to you, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).
You represent and warrant that you will use the Site and the Services so as not to infringe or misappropriate the intellectual property rights of any third party.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
EPX may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.
Have any questions about this Agreement? Contact us at firstname.lastname@example.org.