TERMS OF USE

Of EPIC4 Specialty Partners

Last Update January 25, 2023

1 Acceptance The Use Of EPIC4 Specialty Partners Terms of Use

This website (“Website”) is owned and operated by Epic4 Specialty Partners and its affiliates (individually and collectively, “EPIC4 Specialty Partners,” “we,” “us,” or “our”). Your access to and use of this Website and its related products and services is subject exclusively to these Terms of Use. You will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. By using, accessing, or browsing the Website you are fully accepting the terms, conditions and disclaimers contained in this Terms of Use. If you do not accept these Terms of Use you must immediately stop using, and not access, the Website.

These Terms of Use, the Privacy Policy and all other documents referenced herein govern the relationship between you, the Website visitor ("you" or “your”) and Epic4 Specialty Partners with respect to your use of this Website. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder, whether on behalf of yourself or any entity that you represent.

We reserve the right at any time to change: (i) these Terms of Use; (ii) this Website, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through this Website or the hours that they are available; (iii) the equipment, hardware or software required to use and access this Website, and (iv) prices for items available on the Website. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website, or any items available on the Website.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Website. Your continued use of this Website after such notice will be deemed acceptance of such changes. Be sure to return to this Website periodically to ensure you are familiar with the most current version of these Terms of Use.

2 Jurisdiction

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Use, you may not enter into this agreement or use this Website.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Website, you may not enter into this agreement or use this Website. By using this Website, you are explicitly stating that you have verified in your own jurisdiction if your use of this Website is allowed.

We make no—and you acknowledge that we make no—representation that materials on this Website are appropriate or available for use in all locations. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Website, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other item provided.

3 Privacy

We are committed to respecting the privacy of personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy practices and how we collect, use, and disclose the personal information of those individuals who visit the Website. Please see our Privacy Policy for more information.

4 Change of Use; General Conditions and Disclaimers

EPIC4 Specialty Partners reserves the right to:

4.1

change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that EPIC4 Specialty Partners shall not be liable to you for any such change or removal and.

4.2

change these Terms of Use at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

We reserve the right to refuse service and/or access to the Website to anyone at any time.

We shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Website or the services which make this Website available or electronic communications sent by us will be available and free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right, but are not obligated, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information in the Website or on any related website has been modified or updated.

5 User Accounts and Accuracy of Information

All of the information you provide to Epic4 Specialty Partners or that we collect from you in connection with your use of the Website will be governed by these Terms of Use and our Privacy Policy. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your account and your ability to use this Website and, in our sole discretion, to report you to the appropriate authorities.

6 Job Applicants

If you submit a resume, job application, or related materials or other information to us (where those options are available to you), we may use that information to evaluate your qualifications and consider or respond to your inquiry or application. Your submission of a resume, job application, or related information does not in any way require EPIC4 Specialty Partners to review that information or consider you for employment. To view career opportunities at EPIC4 Specialty Partners or to submit a job application (where those options are made available), you may be redirected to an online career portal operated by a third party. We encourage you to review any terms and privacy policies posted on that portal (if applicable).

7 Links to Third Party Websites

EPIC4 Specialty Partners Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

8 Copyright and Ownership

8.1

All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to EPIC4 Specialty Partners or otherwise used by EPIC4 Specialty Partners as permitted by law.

Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of Epic4 Specialty Partners or any third party is prohibited and may be prosecuted to the fullest extent of the law. No licenses, express or implied, are granted by Epic4 Specialty Partners to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Epic4 Specialty Partners and all such rights are reserved and retained by Epic4 Specialty Partners. ALL RIGHTS RESERVED.

8.2

Epic4 Specialty Partners may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively " Epic4 Specialty Partners Materials") available to you from this Website, from time to time. If you download or use Epic4 Specialty Partners Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Epic4 Specialty Partners' prior written permission, and (iii) shall only be used in compliance these Terms of Use and with any additional license terms accompanying such materials. Epic4 Specialty Partners does not transfer either the title or the intellectual property rights to the Epic4 Specialty Partners Materials and retains full and complete title to the Epic4 Specialty Partners Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Epic4 Specialty Partners Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled Epic4 Specialty Partners Materials into a human-perceivable form. Epic4 Specialty Partners or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

All rights not expressly granted herein are reserved by Epic4 Specialty Partners. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

This Website, (including its organization and presentation and Epic4 Specialty Partners Materials) is the property of Epic4 Specialty Partners and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

8.3

In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

8.4

If you If you know or suspect that any of the materials on the Website have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
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 us to locate the material;
Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and
A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows:

info@goEPIC4.com

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as questions related to items available for purchase on the Website and requests or concerns regarding improper content, will not receive a response through this process.9 Links to and from other websites

9.1

Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.

9.2

Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and (c) the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

9.3

By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

10 User Responsibilities

The Website’s content is prohibited from being copied, reproduced, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, posted, or transmitted in any way, except as may be otherwise explicitly permitted by us in writing. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Website in any way.

You represent and warrant that: you will perform under these Terms of Use in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; andall information you provide in connection with your access to or use of the Website is true, accurate, and complete to the best of your knowledge and belief.

You will NOT, and you will NOT allow any third party to:

Use the Website in a manner other than as expressly permitted by these Terms of Use;

Use the Website for any purpose or in any manner that is unlawful or prohibited by these Terms of Use, including for any commercial purpose;

Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Website;

Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Website, or combine the Website or any part thereof with any other computer code, programs, materials, or services;

Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, or distribute the Website or any part thereof;

Use the Website, including, without limitation, any Website content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;

Commit fraud or falsify information in connection with your use of the Website;

Work around any of the technical limitations of the Website or use any tool to enable features or functionalities that are otherwise disabled in the Website;

Perform or attempt to perform any actions that would interfere with the proper working of the Website, prevent access to or use of the Website by other users, or impose an unreasonable or disproportionately large load on our infrastructure;

Engage in activities that aim to render the Website or associated services inoperable or make their use more difficult;

Attempt to disable, damage, overburden, impair or gain unauthorized access to the Website or our servers;

Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Website (including, without limitation, using spiders, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;

Harvest or otherwise collect or store personal information about other users of the Website, including, for example, email addresses, without the express consent of such users;

Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;

Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity; nor

Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Website, or attempt to collect personal information about third parties without their knowledge or consent.

Epic4 Specialty Partners may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Website, and may terminate these Terms of Use, including, without limitation, if you breach these Terms of Use or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Epic4 Specialty Partners’ computer systems, or perform functions that you are not authorized to perform pursuant to these Terms of Use. While using this Website you agree to comply with all applicable laws, rules, and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander, or defamation). You shall not interfere with or disrupt the Website, our servers or our networks, or take any action that imposes unreasonably or disproportionately large load on our infrastructure.

11 Availability

While we endeavor to keep downtime to a minimum, we cannot promise that this Website will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend this Website, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Website.

12 Internet, Software, or Computer Viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website.

Epic4 Specialty Partners shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any user materials or other content from this Website. Epic4 Specialty Partners recommends that you install appropriate anti-virus or other protective software.

13 Disclaimers and Limitation of Liability

14.1
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not represent or warrant that this Website, the services, the products, or the Epic4 Specialty Partners Materials will meet your requirements or that their use will be secure, uninterrupted, or error free. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the shortest duration permitted by law and will be limited to the maximum extent permitted by law.

14.2
To the maximum extent permitted by law, EPIC4 Specialty Partners will not be liable for any direct, incidental, indirect, punitive, exemplary, or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these terms of use, including without limitation your use of, reliance upon, access to, or exploitation of this Website, the Epic4 Specialty Partners materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise. some states and jurisdictions do not allow for the limitation or exclusion of liability, so the above limitation or exclusion may not apply to you. in such jurisdictions, our liability will be limited to the maximum extent permitted by law.

15 Indemnity

You agree to, upon request, indemnify, defend, and hold EPIC4 Specialty Partners and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against EPIC4 Specialty Partners arising out of (1) any breach by you of these Terms of Use ;(2) your use of this Website; and (3) your violation, infringement, or misappropriation of the rights of any party.
We reserve, and you grant to us, the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Epic4 Specialty Partners. This indemnification section will survive any termination or expiration of these Terms of Use.

16 Severance

If any of these Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.

17 Waiver

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

18 Governing Law

These Terms of Use shall be governed by and construed in accordance with the law of the state of Nebraska and you hereby submit to the exclusive jurisdiction of the state and federal courts located in the state of Nebraska.

19 Our Contact Details
info@goEPIC4.com
(308) 672-0267
820 West 42nd Street
Scottsbluff, NE 69361