Terms of Use

Epic Learning Network, Inc.
Terms of Use POLICY

(Last Updated: 4/20/2016)

Welcome to the Epic Learning Network web site. The EpicLearningNetwork.com website (the “Site”) is owned and operated by Epic Learning Network, Inc. Epic has adopted this Terms of Use Policy (“Terms of Use”) to make you aware of the terms and conditions of your use of the Site. By using the Site, you agree to be bound by this agreement, whether you are a “visitor” (which means that you simply browse the Site) or you are a “member” (which means that you have completed the Site registration process). The term “User” refers to a visitor or a member. If you do not agree to the Terms of Use, please do not use the Site.

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such the revised Terms of Use to the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of this page. Please check these Terms of Use periodically for changes. Any modifications will be effective immediately upon such posting. Your use of or access to the Site after such notifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms of Use shall not apply to any dispute between us arising prior to the date on which we post the revised Terms of Use that contain such modifications.

The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed on any particular page of this Site, including through a registration process or other means. In the event of a conflict between these Terms of Use and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.

Any information regarding third party examinations and certifications is provided by such third party. Epic makes no claims, promises or guarantees regarding the accuracy of such information and disclaims all liability for any inaccuracies relating thereto.

Trademarks

The Epic name and logo are trademarks of Epic Learning Network, Inc. All other trademarks mentioned in this web site are the property of their respective owners

GENERAL TERMS OF USE AND RESTRICTIONS ON USE OF MATERIALS

All materials contained in this Site are protected by United States and international trademark and copyright laws, are owned or controlled by Epic and must only be used for personal, non-commercial purposes. You may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the viewed or downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED without the prior written consent of Epic or unless expressly permitted by this Site. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by Epic (“Epic Content”) or any User (“User Content”, and collectively with the Epic Content, “Content”). The use of Content from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting Epic in writing at the address listed below. You are also strictly prohibited from creating works or materials that derive from or are based on the Content or other materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

If you do not comply with these Terms of Use at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site. We may discontinue or alter any aspect of the Site, including, but not limited to, (i) restricting the time the Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any User’s right to use the Site, at our sole discretion and without prior notice or liability.

INTELLECTUAL PROPERTY

Unless otherwise specifically noted in these Terms of Use, images, trademarks, service marks, logos and icons displayed on the web site, including, without limitation, Epic Learning Network, Inc., are the property of Epic and may not be used without Epic’s prior written consent. Trademarks owned by third parties are the property of those respective third parties. The Site is the copyrighted property of Epic, and it may not be reproduced, recreated, modified, accessed or used in any manner in violation of these Terms of Use. Any unauthorized use of any Content, whether owned by Epic or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications, regulations and statutes.

YOUR PRIVACY

Your submission of information through the Site is governed by Epic’s Privacy Policy which can be viewed at http://epiclearningnetwork.com/privacy-policy/. You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete and that you will maintain and update such information regularly. You agree that if any information that you provide is false, inaccurate, obsolete, or incomplete we may terminate your use of the Site.

PERMITTED CONTENT POSTED ON THE SITE

Subject to these Terms of Use, you are welcome to post, transmit or submit User Content or messages and other materials (which include uploading files, inputting data or any other materials, “blogging,” or engaging in any form of communication in connection with this Site) to bulletin boards, forums, chat rooms or other public areas within, or in connection with, this Site (collectively, the “Message Boards”). You are solely responsible for such User Content. accepts no responsibility whatsoever in connection with or arising from such User Content. In submitting User Content to the Message Boards, you agree to strictly limit yourself to discussions about the subject matter for which the Message Boards are intended. You agree that Epic accepts no liability whatsoever if it determines to prevent your User Content from being submitted or if it edits, restricts or removes your User Content. You also agree to permit any other User of this Site to access, view, store or reproduce the material for that other User’s personal use and not to restrict or inhibit the use of the Site by any other person.

does not endorse and has no control over the User Content. User Content is not necessarily reviewed by Epic prior to posting and does not necessarily reflect the opinions or policies of Epic. Epic makes no warranties, express or implied, as to such User Content or its accuracy and reliability, and assumes no responsibility for actively monitoring the Message Boards for inappropriate User Content. Epic reserves the right to prevent you from submitting User Content to the Message Boards and to edit, restrict or remove such User Content for any reason at any time. may choose, in its sole discretion, to monitor the Message Boards; however, Epic assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any User submitting any User Content.

Information found on the Site and in the Message Boards is intended to be used as a starting point for doing independent research on various companies, software or hardware, techniques and information technology-related matters. You should exercise discretion before relying on information contained on the Site. You agree to evaluate, and assume all risks associated with the use of any information contained on the Site, including without limitation any risk relating to any reliance on the accuracy, completeness, or usefulness thereof.

LINKS

As a service to our Users, we provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content is not an endorsement, sponsorship or recommendation by Epic. Please be aware that you are subject to the policies of the third-party website when you exit our Site. You further acknowledge and agree that Epic 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 use of or reliance on any such third-party content, goods or services available on or through any third-party site or resource.

PROHIBITED ACTIVITIES

You shall not (nor cause any third party to) use the Site to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights – such as rights of privacy of others) or any of the following types of activities, without limitation:

disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
advertising or commercial content;
interfering with or disrupting the Site;
disrupting the activities or enjoyment of the Site for other Users; or
collecting, or storing personal data about other Users.

You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions taken by you (including actions that occur under your account or password, if any), including without limitation any of the User Content created or submitted by you.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

We welcome your comments regarding the Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) shall be and remain the exclusive property of Epic. Your submission of any such Comments shall constitute an assignment to Epic of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Epic will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction or prior notice and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

RELEASE / INDEMNIFICATION

You agree to release Epic, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site or the Message Boards. If at any time you are not happy with the Site or the Message Boards or object to any material within the Site or the Message Boards, your sole remedy is to cease using them.

You agree to defend, indemnify and hold Epic, its members, managers, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, the Message Boards or any services or products offered by Epic.

EXCLUSION OF WARRANTIES / DISCLAIMER

ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION CONTAINED ON THIS SITE IS ACCURATE, WE GIVE NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR ANY MATERIALS PROVIDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE IS (EXCEPT AS EXPRESSLY STATED BY EPIC) PROVIDED “AS IS,” “WHERE-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” FOR YOUR USE. EPICDOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT FOUND ON THE SITE, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. EPICEXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE SITE, EPICCONTENT OR ANY SOFTWARE WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IF EPICIS INFORMED OF ANY INACCURACIES ON THE SITE, WE WILL ATTEMPT TO CORRECT THE INACCURACIES AS SOON AS WE REASONABLY CAN. IF YOU OBTAIN A PRODUCT OR SERVICE FROM EPICFROM THE SITE THAT IS PROVIDED WITHOUT AN AGREEMENT, THAT PRODUCT OR SERVICE IS PROVIDED ON AN “AS IS” BASIS.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EPICSHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EPICHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL EPIC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED ONE DOLLAR ($1.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

EPIC DOES NOT REPRESENT OR GUARANTEE THAT THE SITE OR ANY CONTENT ON THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND EPICDISCLAIMS ANY LIABILITY RELATING THERETO.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this Site should be sent ONLY to our Designated Agent. NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING EPICTHAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent:

Name of Agent Designated to Receive Notification of Claimed Infringement: Dean Bezdek
Full Address of Designated Agent to Which Notification Should be Sent:

Epic Learning Network, Inc.
4225 Malsbary – Suite 160
Cincinnati, OH 45242

Telephone Number of Designated Agent: 513-322-8888
Facsimile Number of Designated Agent: 513-322-8888
Email Address of Designated Agent: Info@epiclearningnetwork.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work (or works) that you claim has been infringed;
A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
A clear description of where the infringing material is located on our web site, including as applicable its URL, so that we can locate the material;
Your name, address, telephone number, and e-mail address;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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.

GOVERNING LAW AND OTHER MISCELLANEOUS TERMS

The validity and effect of the Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Ohio, USA, without regard to its conflicts of laws principles. In the event litigation is instituted hereunder, each User consents to the exclusive jurisdiction of any federal or state court situated in Hamilton County, OH, as Epic selects in its sole discretion. The prevailing party shall be entitled to recover its attorneys’ fees and court costs, together with any other relief awarded by a court of competent jurisdiction. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE SITE, ITS USE, THESE TERMS OF USE, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF EPIC, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

CHANGES TO OUR POLICIES

Our Terms of Use Policy is intended to provide you with the safest and most secure experience possible. Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Policy at any time without prior notice. If you have any questions, or would like further clarification, please e-mail us at info@Epiclearningnetwork.com. Any changes in Epic’s policies will be communicated on this page.

This Site is operated by Epic. All inquiries may be directed to

Epic Learning Network, Inc.
4225 Malsbary – Suite 160
Cincinnati, OH 45242
Email: Info@epiclearningnetwork.com