ACCEPTANCE OF TERMS AND CONDITIONS

By using or visiting the Site or any Services, you hereby acknowledge that you have read and accept the terms of this Agreement and that you agree to be bound thereby. If you do not agree to any of the terms of this Agreement, you must immediately cease all use of the Site and all Services

PRIVACY POLICY

Please review epacetech’s Privacy Policy, as its terms are incorporated into and considered part of this Agreement. Epace is committed to safeguarding your privacy pursuant to our Privacy Policy.

USE AND RESPONSIBILITIES

By accessing or using the Site, you represent that: you have the legal capacity to enter into this Agreement; you have read and understand the terms and conditions in this Agreement; and you accept and will abide by all of the terms and conditions in this Agreement. If you are creating or accessing an account for a User that is a corporation or other entity, you also agree that you are authorized to represent that entity and to bind that entity to this Agreement.

No third-party benefit is created or in any way implied through your acceptance of this Agreement or use of the Site. This Agreement may not be assigned by you to any third party.

This Agreement may be modified at ePace’s discretion at any time; please check back frequently to review any such changes. Your continued use of the Site constitutes acceptance of any changes to the Agreement.

CONTENT AND FEES

By posting or transmitting any Content to any part of the Site, you agree to grant ePace a non-exclusive, irrevocable, perpetual, worldwide, sub-licensable, transferable, royalty-free license to exercise any intellectual property rights you may have in the Content. This license includes without limitation any copyright, publicity, database and moral rights (and national equivalents of each of the foregoing) that you may have in the Content, in any media now known or used in the future

By posting or transmitting any Content to any part of the Site, you represent and warrant to ePace that you possess sufficient authority, right, title and interest to such Content as is necessary, or are otherwise legally entitled, to grant the foregoing license to ePace. You agree that any Content you post or transmit to any part of the Site will not contain third party copyrighted material, or material subject to any other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the foregoing license to ePace.

You recognize that the Site may contain links to third party websites. These links do not constitute endorsement of the contents of third party websites by ePace, and are provided solely for your convenience. ePace makes no representations as to the content, availability, or accuracy of third party websites and is not responsible for any materials on such sites. You agree that ePace is not liable for any losses or damages that you may suffer by accessing linked third party websites, and that you do so at your own risk

ePace reserves the right to remove any Content from the Site without prior notice to you or to any third party.

USER CONDUCT

You agree that you will not:

• use the Service for any purposes contrary to applicable laws or regulations;
  • is offensive, obscene, pornographic, discriminatory, abusive, defamatory, libelous, harassing, threatening, menacing, or otherwise harmful;
  • is likely to harm epace’s computer systems or any User’s or third party’s computer systems, including without limitation material containing any malware, spyware, virus, worm, Trojan horse, or other data or code that may cause any defect, error, malfunction, corruption, denial of service, or other undesired modification;
  • is “spam,” “junk mail,” “chain letters,” “pyramid schemes,” or any other manner of improper solicitation;
  • infringes any copyright, trademark, patent, or other intellectual property right, whether it belongs to ePace or to a third party; or
  • would harm minors in any way, including without limitation material that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct;
• access, collect, attempt to access or collect, or solicit any information about another User, including without limitation another User’s account name, password, email address, or any personal information, without that User’s explicit knowledge and consent;
• forge headers or other elements of network transmissions to disguise the origin of any material transmitted through the Service to ePace or to any other User;
• upload or attempt to upload content to another User’s account by any method without that User’s explicit authorization and consent;
• override or attempt to override any security measure or component implemented on the Site;
• create a user account purporting to describe a fictional person or character, any individual other than yourself, or any entity other than one whom you have been authorized to represent;
• use any automated software or scripts to access any web pages on the Site; or
• resell the Service or any portion of the Service to any third party.
• ePace reserves the right to limit, temporarily suspend, or terminate any Services or User accounts, block access to the Site, remove Content, or take any other technical and legal steps if it determines in its sole judgment that any User or other individual or entity is using the Site in a manner that may create legal liabilities or technical problems, or is acting inconsistently with this Agreement and ePace other policies. ePace also reserves the right to cancel unconfirmed or inactive accounts at its discretion.

DISCLAIMER OF WARRANTY

THE SERVICE AND ALL RELATED CONTENT AND OTHER INFORMATION IS PROVIDED SOLELY ON AN “AS IS” BASIS. EPACE EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. EPACE MAKES NO GUARANTEES OF RELIABILITY, AVAILABILITY, SECURITY, COMPATIBILITY, PERFORMANCE, OR TIMELINESS OF SERVICE. EPACE DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OR OTHER INFORMATION RELATED TO THE SERVICE WILL BE ACCURATE OR ERROR-FREE. EPACE ADDITIONALLY DOES NOT WARRANT THAT THE FUNCTIONALITY PROVIDED BY THE SERVICE WILL BE FREE FROM ERRORS, VIRUSES, OR ANY OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL EPACE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION OR LOST OR CORRUPTED DATA) RESULTING FROM OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE OR ITS CONTENT.

IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW SOME OF THE ABOVE EXCLUSIONS, EPACE’S LIABILITY ARISING IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE OR ITS CONTENT SHALL IN NO EVENT EXCEED $100, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN TORT, CONTRACT, BREACH OF WARRANTY, OR OTHERWISE).