Terms and Conditions of Use

This Terms and Conditions of Use Agreement (“Agreement”) is between EPIC Software, LLC, and its affiliates, subsidiaries, and parent companies (collectively,  “Company,” “we,” “us,” “our”) and individual users of the Platforms and Services (“You” or “Your”) and is a legal agreement between You and Company.  This Agreement is effective as of the date You access, (whether as a guest or registered user) the Platforms or Services as each is defined and discussed in this Agreement.

This Agreement states the terms and conditions, as applicable, to our website, as well as, any other websites, portals, and blogs directly owned by the Company (collectively the “Platforms”).

This Agreement also applies, when applicable, to various services we provide You when You participate in Company surveys or any other “Service” as defined in any other Company agreement, rule or regulation (collectively, “Services”).

Please read this Agreement carefully before accessing, using, or participating in the Platforms or Services.

• By using and accessing the Platforms, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement.  If You do not accept this Agreement, You may not access or use the Platforms.

• By using the Services, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement and any other terms, rules or regulations applying to the Services (“Service Rules”).  If, at any time, the terms and conditions of any Service Rules conflict with the terms of this Agreement, the Service Rules shall take precedence and govern.
• By using, accessing, or participating in the Platforms or Services, you indicate that you have read and understand the Privacy Policy, located at https://www.epicsoftware.biz/privacy-policy. Company may revise this Agreement at any time in its sole discretion by updating this Agreement, all changes are effective immediately as of posting and such revision will be reflected in the “Last Revised” block below.  You should visit this webpage periodically to review the Agreement. Your continued use of the Platforms and Services following the posting of this revised Agreement means that you accept and agree to the changes. If You have questions regarding this Agreement, please email us at epicinfo@epicsoftware.biz.

1. Access.

Company hereby grants You a non-exclusive and non-transferable license to access the Platforms owned or operated by Company and made publicly available by Company.  The Platforms are provided solely for informational purposes and the purposes of enabling communication between You and the Company. The information is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.  The Platforms are solely for browsing, viewing and accessing information for personal and non-commercial use, subject to the terms and conditions of this Agreement. Company reserves the right to withdraw or change the Platforms, and any service or material we provide on the Platforms, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platforms is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Platforms or the entirety of each of the Platforms. You agree to use the Platforms and Services only for lawful purposes, comply with all rules governing any transactions on and through the Platforms and Services and comply with all applicable laws.

2. Prohibited Uses. 

1. 1. You shall not copy or download any content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features (“Content”) or any third-party Content from the Platforms or Services without the prior written consent of Company. You shall not modify, reverse engineer, reproduce, copy, display, publicly perform or distribute, including (without limitation) by framing or similar means, the Platforms, Content or third-party Content or use the Platform, Services, Content or third-party Content for public or commercial purposes.  You shall not use the Platforms, Services, Content or third-party Content on any other website or application without Company’s written authorization to do so. You will not use the Platforms or Services in any way that violates any applicable federal, state, local or internal law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
   2. You agree not to use or launch any automated system or technology, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Platforms in a manner that sends bulk requests to the Website or any associated Platform servers.  Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy Content from the Website for the sole purpose of creating publicly available searchable indices of the Website, provided such spiders do not cache or archive versions of the Website. Company reserves the right to revoke these exceptions either generally, or in specific cases.  You agree not to collect or harvest any personal information, including account names, from the Platforms or Services, nor to use the communication systems provided by the Platforms or Services for any commercial solicitation purposes.  You agree not to solicit, for any purpose, any users of the Platforms or Services.
   3. You agree You will not:
      1. use any device, software, or routine that interferes with the proper working of the Platforms;
      2. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Platform, Services or users of the Platform or Services;
      3. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platforms, the server on which the Platforms are stored, or any server, computer, or database connected to the Platforms;
      4. attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack;
      5. impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
      6. obtain or attempt to obtain any materials or information through the Platforms or Services by any means not intentionally made available or provided by Company; or
      7. otherwise attempt to interfere with the Services or proper working of the Platforms.

3. Platforms and Intellectual Property Ownership.

The Platform and Services and their Content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4. Intellectual Property Notices.   

1. 1. Company does not permit infringement of intellectual property rights on the Platforms or Services.  After proper diligence, Company will remove all Content or third-party Content if properly notified that such Content or third-party Content infringes on another’s intellectual property rights.  Company reserves the right, in its sole discretion, to decide whether Content or third-party Content is appropriate for the Platforms or Services.
   2. If You believe that any Content infringes 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:
      
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
      4. Information reasonably sufficient to permit the Company to contact You, such as an address, telephone number, and email address;
      5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
         
         

         The Company’s designated Copyright Agent to receive notifications of claimed infringement is:

         Matthew Hortenstine
         General Counsel
         1500 S. Raney Street
         Effingham, Illinois 62401
         Email: matt.h@jjventures.com
         Telephone: (217)342-2288

         You acknowledge and agree that if You fail to comply with all of the requirements of this Section 4(b), Your DMCA notice may not be valid.
         
         

   3. Trademarks.  Company shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of Company (the “Company Marks”).  Excepting the Company Marks, all other product and company names mentioned on the Platforms or Services may be the trademarks of their respective owners.  These companies may or may not be affiliated with, connected to, or sponsored by the Company.

5. No Contest.

You acknowledge that the Platforms, Services, Content and third -party Content are protected under laws, including (without limitation) United States of America and international laws and treaties.  Except as otherwise provided for in this Agreement, You shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of Company in connection with the Platforms, Services, and Content.

6. Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls.

You may have the opportunity to receive SMS or “text” messages, pre-recorded voice messages or auto-dialed phone calls from Company, its affiliates and related entities as well as third parties.  Such messaging may be used to authenticate Your identity or mobile device, as well as provide You informational updates about services or products You may have requested.  In providing Your mobile device number or cell phone number to Company, You knowingly consent to such communications from Company or for Company to use Your cell phone number or mobile device number in accordance with the Privacy Policy. In providing Your number and accepting this Agreement, You represent that You have the authority to agree to receive text messages at the telephone number that You provide to Company, or from which You sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and You may opt out at any time by following instructions from Company, as described in this Agreement, or as described from the first text You receive upon initial enrollment.

Not all mobile devices or handsets may be supported by Services we provide to You. Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of Your request. You hereby agree to be responsible for all costs, charges and fees You incur from Your service or device provider as a result of choosing to receive such messages from Company.

7. Warranties.

You acknowledge and agree that Company (including officers, employees, agents, directors and independent contractors of Company) has not made or granted to You any express warranties concerning the Platforms or Services.  Use and performance of any products and services referenced on the Platforms or Services are subject to the applicable Company terms and conditions concerning such products and services as made available by Company.  You acknowledge that the Platforms or Services do not constitute a grant of an express or implied warranty concerning any products and services and You waive all claims of warranty based on the Platforms or Services.

1. 1. Warranty Limitation. The Platforms or Services are provided “as is” without warranty of any kind.  Company, to the fullest extent permitted by law, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY and warranty of non-infringement of third-party rights.  Company does not warrant and You waive any warranty that use of or access to the Platforms or Services by You will be uninterrupted or error free.  Company does not make any warranty and You waive any and all warranties as to the results obtained from use of the Platforms or as to the accuracy, completeness, timeliness or reliability of the Platforms or Services.   You acknowledge and agree that use of the Internet and the Platforms or Services shall be at Your sole and exclusive risk and subject to the restrictions, terms and conditions, rules, regulations, policies AND applicable laws governing the Internet and the Platforms or Services.
   2. Inaccuracies.  You acknowledge that the Platforms or Services may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the Platforms or Services.

8. Limitation of Liability.

TO THE FULLEST EXTEND PROVIDED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORMS, SERVICES, ANY CONTENT ON THE PLATFORMS OR ANY WEBSITES LINKED TO THE PLATFORMS INCLUDING ANY DIRECT, INDIRECT, SPECIAL, LOST PROFITS OR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES HEREUNDER (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE.

9. Indemnification.

You agree to release, defend, indemnify and hold harmless Company (including its officers, directors, employees, affiliates, contractors and agents) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use of the Platforms or Services or the Internet by You (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the Platforms or Services, (iii) Your negligence or acts (or any failure to act); or (iv) any breach by You of Your obligations under this Agreement.

10. Limitation on Time to File Claims.

Any cause of action or claim You may have arising out of or relating to this Agreement, the Services, or the Platforms must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

11. Links.

You acknowledge that the Platforms may contain links to third-party websites or applications (“Linked Sites”) which are provided solely as a convenience to You and do not constitute an endorsement by Company of Linked Sites and the third-party Content found there. Linked Sites are not under the control of Company, and Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from Your use of a Linked Site. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites.  You are solely responsible for any dealings with third parties who support the Company or are identified in the Platforms or Services, including any delivery of and payment for goods and services.

12. United States Only.

Company is based in the United States. The Company provides these Platforms and Services for use only by persons located in the United States. We make no claims that the Platforms, Services or any of their respective contents are accessible or appropriate outside of the United States. Access to the Platforms or Services may not be legal by certain persons or in certain countries.

13. Miscellaneous.

1. 1. Entire Agreement.  This Agreement contains the entire understanding of the parties relating to the Platforms, Services and Content, and supersedes all previous verbal and written agreements between You and Company relating to the Platforms, Content, and third-party Content.  If You do not agree to terms of this Agreement, You may not access or use the Platforms or Services.
   2. Amendments and Modifications.  Except for modifications made to the Privacy Policy by Company and modifications made to this Agreement by Company, any alteration, modification or amendment of this Agreement shall be void unless such alteration, modification or amendment is in writing and signed by an authorized representative of Company.  All modifications made by Company are effective immediately when posted, and apply to all access to and use of the Platforms thereafter.  Your continued use of the Platforms or Services following the posting of any modifications means that You accept and agree to the changes.
   3. Severability. If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
   4. Governing Law.  Company is located in and operates the Platforms and Services from the State of Montana.  This Agreement and all matters relating to the Agreement, including any dispute or claim arising from the Agreement, shall be governed by the laws of the State of Montana, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction.  Any legal suit, action, or proceeding arising out of, or related to, this Agreement, the Montana.  You waive all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
   5. Waiver.  Waiver of a breach of this Agreement shall not constitute a waiver of any other breach.  All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative.  Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision.  Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
   6. Litigation Expense.   In the event of litigation arising out of this Agreement, each party shall pay its own costs and expenses of litigation.
   7. Termination.  This Agreement may be terminated by Company at any time without notice or cause. All restrictions imposed upon You with respect to the Platforms, Services and the Content and all disclaimers and limitations of liabilities set forth in this Agreement shall survive such termination.

Effective Date: January 1, 2025