1. WHAT YOU SHOULD KNOW
3. USE OF THIS WEB SITE
EPYFL controls and operates this Web Site. All Content on this Web Site, including, but not limited to, text, photographs, images, and illustrations, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights. These rights are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, communication regulations and statutes and the laws of the fifty states and the United States Government. Content is owned and controlled by EPYFL or our affiliates, or by third party content providers, sponsors and licensors (collectively the "Providers") that have licensed their content and/or services to EPYFL. Content on this Web Site is solely for the users personal, non-commercial use. The User agrees to abide by all additional copyright notices, information, or restrictions contained in any Content. Users may download a single copy of any Content contained on this Web Site, solely for personal, non-commercial use, consistent with these TOU, provided that the user maintains all copyright and other notices contained in such Content.
The User may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit Content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of EPYFL or the Providers. A User may request consent only by written request to EPYFL. A Users modification of Content, use of Content on any other Web site or networked computer environment, or use of Content for any purpose other than personal, non-commercial use, without the prior written consent of EPYFL or the Providers, violates the intellectual property rights and proprietary rights of Content owners and is prohibited.
Users may not use on any other Web site any registered or unregistered trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. Users may not frame, deep link, or otherwise incorporate into another Web site any of the Content or other materials on this Web Site without the express prior written consent of EPYFL.
Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or worldwide copyright and trademark laws. The User recognizes that any reproduction or use of Content, except as authorized by these TOU, is considered intentional infringement.
4. USER'S RESPONSIBILITIES
A User warrants and represents to EPYFL that he/she will not use this Web Site for any purpose that is unlawful or prohibited by these TOU, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these TOU, your permission to use this Web Site immediately terminates without the necessity of any notice. EPYFL retains the right to deny access to anyone at its discretion for any reason, including for violation of these TOU.
You are solely responsible for your information, and EPYFL acts as a passive conduit for the online distribution and publication of your information. As used in these TOU, "Information" includes any information or data that you submit to this Web Site and any information or data that is generated by this Web Site as a result of your use of this Web Site.
In the event that you are provided with user identification numbers or codes (collectively, "ID's"), confirmation numbers, and/or passwords (as applicable) in the use of this Web Site, you shall maintain such User ID's, confirmation numbers, and/or passwords in confidence and you agree not to distribute or disclose the same to third parties. It is your responsibility to notify EPYFL if we need to change or discontinue your ID's, confirmation numbers, or passwords. It is also your responsibility to immediately request discontinuation of an ID, confirmation number, or password upon your knowledge or belief that such ID, confirmation number, and/or password is, or may be subject to, a breach of confidentiality. EPYFL may suspend or terminate your service or access to this Web Site if we believe a breach of these TOU has occurred.
You agree to provide true, accurate, current and complete Information. If you provide any Information that is untrue, inaccurate, not current or incomplete (or EPYFL has reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), EPYFL has the right to suspend or terminate your access and activity, and refuse any and all current or future use of this Web Site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited and you agree not to use or permit others to use this Web Site, for any of the following: (a) taking any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclosing or sharing the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempting to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) uploading, posting, emailing or otherwise transmitting any Information, Content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy EPYFL's Web pages, or Content without EPYFL's prior written permission, provided that generally available third party Web browsers such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.
6. INFORMATION POSTED TO WEB SITE
You acknowledge and agree that EPYFL may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary in order to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Information violates the rights of third parties; or (d) protect the rights, property, or personal safety of EPYFL's business, employees, Providers, affiliates, users, and/or the public.
7. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
NEITHER EPYFL OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY, OR USEFULNESS OF ANY CONTENT OR SERVICE PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL EPYFL, ITS OWNERS, OR EMPLOYEES, NOR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING ALL FORMS OF NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
BY WAY OF EXAMPLE ONLY, EPYFL, ITS OWNERS, OR EMPLOYEES AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, DEFAMATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL STATEMENTS OR CONDUCT OF ANY USERS OR THIRD PARTIES.
EPYFL reserves the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies. You agree to indemnify, defend and hold EPYFL and the Providers, their officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from Your use of this Web Site, Your breach of any provision of these TOU and/or any negligent acts, omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on our: (a) notifying You in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; and (b) cooperating with You in the defense or settlement thereof. We shall be entitled to participate in such defense at our own cost and expense.
10. OTHER GENERAL PROVISIONS
These TOU are for the benefit of EPYFL and the Providers, their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these TOU directly against You on its (or their own) behalf. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.
If any provision of these TOU is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.