These Terms of Service are effective on September 1, 2020.
- Terms and Conditions
Welcome to epiphany.care. These Terms of Service (“Terms and Conditions”) govern any access and/or use of the epiphany.care website (“Site”) owned and operated by Epiphany CS, LLC. (“Epiphany,” “us,” or “we”) by any person (“User” or “you”). By using or visiting the Site, you expressly agree to be bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing the Site. Please read them carefully.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS AND CONDITIONS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND EPIPHANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 21 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
- Changes in Terms and Conditions
Epiphany has the right to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. We have the right to change or modify the Terms and Conditions applicable to User’s use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use, at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Site by User subsequent to such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. If you don’t agree to be bound by the updated Terms and Conditions, then, except as otherwise provided in Section 21(f) “Effect of Changes on Arbitration,” you may not use the Services anymore.
- Electronic Communications
When you visit the Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- User Content
“Content” means any communications, writing, articles, photographs, images, sounds, and all the material and information that you upload or transmit through the Site, or that other users upload or transmit, including without limitation any forum postings. You hereby grant to Epiphany and our licensors, successors and assigns, a non-exclusive, perpetual, irrevocable, sublicensable, transferable, worldwide, royalty-free, paid-up right to use, reproduce, affix, adapt, modify, translate, reformat, create derivative works from, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access, broadcast, enter into computer memory, all Content and modifications and derivative works thereof, without any compensation to you. None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You agree that you may not upload or otherwise transmit on or through the Site any Content that is subject to any third-party rights.
Epiphany does not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor and/or record your communications (including, without limitation, chat and forum postings) when you are using the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. Epiphany does not assume any responsibility or liability for any Content. Epiphany has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any Content. Epiphany reserves the right, at all times and in its sole discretion, to disclose any Content (including, without limitation, chat and/or forum postings) to third parties for any reason including, without limitation, (a) to comply with applicable laws, regulations, legal process or requests of any governmental agency; (b) to enforce these Terms and Conditions or any other agreement; (c) to protect Epiphany’s legal rights and remedies; (d) to prevent harm to others; or (e) to report a crime or other offensive behavior.
- General Prohibitions
User shall use the Site for lawful purposes only. User shall not post or transmit through the Site any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or (iv) contains advertising or any solicitation with respect to products or services, unless Epiphany shall have expressly approved such material in advance of its transmission. Any conduct by a User that Epiphany determines restricts or inhibits any other User from using or enjoying the Site or any of its features or services is expressly prohibited. User further agrees not to:
use the Site (1) to harm minors in any way, (2) to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, (3) for any commercial purpose or the benefit of any third party or any manner not permitted by these Terms and Conditions, (4) to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation, (5) to provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a terrorist organization, or (6) to stalk or otherwise harass another;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content;
remove any proprietary notices from the Site; cause, permit or authorize the modification, creation of derivative works, or translation of any Content without Epiphany’s prior written consent;
attempt to hack the Site, or to defeat or overcome any encryption technology or security measures implemented by Epiphany with respect to the Site and/or data transmitted, processed or stored by Epiphany;
attempt to harvest or collect any information about or regarding other users of the Site including, but not limited to, any personal data or information;
engage in web scraping, database scraping or any other activity for the purpose of obtaining Content, data or other information from the Site for any purpose other than the use of the Site as expressly permitted by these Terms and Conditions; perform any meta-search or automated queries of the Site or of any of the Content; or, without limiting the foregoing, circumvent a security measure, access control system.
interfere with or disrupt the Site or any servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site;
use the Services for commercial purposes, such as to sell products or services, or purchase products via the Services for resale; and/or
engage in any action or activity in violation of these Terms and Conditions.
Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and Conditions and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms and Conditions or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
- Accounts and Security
(a) Eligibility. You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside.
(b) Account. To use certain aspects of the Site you will have to register for an account (an “Account”) by completing the registration process. You must complete the registration process by providing current, complete and accurate information (including your email address) when prompted. If your contact information changes, you agree that you will promptly update the Account information to reflect those changes. If you don’t, we might have to suspend or terminate your Account.
(c) Account Security. Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of your Account password. You agree to notify Epiphany immediately if you believe that the confidentiality of your Account password has been compromised.
(d) Account Sharing or Transfers. You may not share or transfer any Account. You may not disclose your username and password to anyone.
From time to time, we may offer promotion codes, coupons, referral incentives, or other similar offers for credits or discounts in connection with our Services (collectively, “Promotions”). You agree not to provide fraudulent, false, misleading or deceptive information, or to create a fraudulent Account, in connection with a Promotion. Promotions may be subject to additional terms and conditions. If we determine that you have violated these Terms and Conditions or the terms and conditions applicable to a Promotion, we may void any credit, discount or other incentive you have received in connection with our Promotions, or terminate your Account. If your Account receives a credit, discount or other incentive in error, for example as a result of a bug or other defect in the Services, you acknowledge and agree that we may at our sole discretion void or cancel such credit, discount or other incentive.
(a) Termination of the Services. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.
(b) Cancellation by You. You have the right to cancel any Account registered to you at any time by following the instructions on the Site.
(c) Effect of Account Termination or Cancellation. If you voluntarily terminate an Account or allow an Account to lapse, you may reactivate the Account at any time through the account interface on the Site. Accounts terminated by Epiphany for any wrongful act or failure to act including, without limitation, a violation of these Terms and Conditions, may not be reactivated for any reason.
(d) Survival. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 7, 11(d), and 16-22.
(a) Links from the Site. The Site may contain links to websites operated by other parties. Epiphany provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of Epiphany and Epiphany is not responsible for the content available on the other sites. Such links do not imply Epiphany’s endorsement of information or material on any other site and Epiphany disclaims all liability with regard to your access to and use of linked websites.
(b) Links to the Site. Unless otherwise set forth in a written agreement between you and Epiphany, you must adhere to Epiphany’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Epiphany’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by or otherwise associated with Epiphany, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site, and (iv) Epiphany reserves the right to revoke its consent to the link at any time and in its sole discretion.
The Site is operated by Epiphany in the United States. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
The Site is not directed toward children under 18 years of age nor does Epiphany knowingly collect information from children under 18. If you are under 18, please do not submit any personally identifiable information to Epiphany.
- Intellectual Property
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Epiphany or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Epiphany and protected by U.S. and international copyright laws. All software used on this Site is the property of Epiphany or its software suppliers and protected by United States and international copyright laws.
Epiphany and the Epiphany logo are the trademarks and service marks of Epiphany. Unauthorized use of any Epiphany trademark, service mark or logo may be a violation of federal and state trademark laws.
- Warranty Disclaimers
THIS SITE AND ANY PRODUCTS, AND SERVICES WE MAY OFFER VIA OUR SITE ARE PROVIDED BY EPIPHANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE, OR AS TO EVENTS. USER EXPRESSLY AGREES THAT USE OF THIS SITE, OR ANY PRODUCTS AND SERVICES OFFERED VIA THE SITE, OR ATTENDANCE AT ANY EVENT, ARE AT USER’S SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EPIPHANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EPIPHANY DOES NOT WARRANT THAT THE FUNCTIONS OR FEATURES OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. EPIPHANY DOES NOT GUARANTEE THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON THE SITE OR ON WEBSITES THAT LINK FROM THIS SITE. EPIPHANY DOES NOT GUARANTEE THAT YOU WILL BE SATISFIED WITH PRODUCTS OR SERVICES THAT YOU PURCHASE FROM THE SITE. EPIPHANY DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability
IN NO EVENT WILL EPIPHANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, POSTING OR DISTRIBUTING CONTENT BE LIABLE UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE COST OF PURCHASING PRODUCTS TO REPLACE ANY GOODS PURCHASED THROUGH THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA YOU TRANSMIT THROUGH THE SITE, ANY STATEMENTS OR CONDUCT OF ANOTHER USER, OR ANY EVENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EPIPHANY WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER. IN NO EVENT WILL EPIPHANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SITE, FROM ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID TO EPIPHANY IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM, OR TEN DOLLARS ($10), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO EPIPHANY, AS APPLICABLE. USER HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
User agrees to defend, indemnify and hold Epiphany, its affiliates, officers, shareholders, agents and other partners and employees harmless from any and all losses, damages, judgments, settlements, liabilities, claims, demands, suits, proceedings, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) relating to or arising out of User’s use of the Site, including use of the Site to provide a link to another site or to upload Content or other information to the Site, your connection to the Site or any of the Site’s features, your violation of any of these Terms and conditions, or your violation of any rights of another, whether you are a registered user or not.
- Governing Law and Forum Choice
If there is any Dispute (as defined in Section 21) about or involving the Site, by using the Site, User agrees that the Dispute will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Colorado without regard to its conflict of law provisions. Except as otherwise expressly set forth in Section 21 “Dispute Resolution,” User agrees that the Colorado state and U.S. federal courts located in the County of Montrose shall have exclusive jurisdiction over all Disputes relating to these Terms and Conditions that User and Epiphany are not required to arbitrate and User agrees to the venue of such courts.
- Dispute Resolution
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Epiphany agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and Conditions, and that you and Epiphany are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and Conditions.
(b) Exceptions and Opt-out. As limited exceptions to Section 21(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at [email protected] within thirty (30) days following the date you first agree to these Terms and Conditions.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms and Conditions. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
- If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(a) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(b) Class Action Waiver. YOU AND EPIPHANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(c) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 2 “Changes in Terms and Conditions” above, if Epiphany changes any of the terms of this Section 21 “Dispute Resolution” after the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions), you may reject any such change by sending us written notice (including by email) to [email protected] within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Epiphany’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Epiphany in accordance with the terms of this Section 21 “Dispute Resolution” as of the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions).
(d) Severability. With the exception of any of the provisions in Section 21(e) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms and Conditions is invalid or unenforceable, the other parts of these Terms and Conditions will still apply.
(a) No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Epiphany as a result of these Terms and Conditions or your use of the Site.
(b) Assignment. Epiphany may assign these Terms and Conditions, in whole or in part, to any person or entity at any time with or without your consent. You may not assign any rights or delegate any obligations under these Terms and Conditions without Epiphany’s prior written consent, and any unauthorized assignment or delegation by you shall be null and void.
(c) Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms and Conditions shall be given full force and effect.
(d) Attorneys’ Fees. In the event any litigation is brought by either party in connection with these Terms and Conditions, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
(e) No Waiver. Our failure to enforce any provision of these Terms and Conditions shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these Terms and Conditions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
(f) Notices. All notices given by you or required under these Terms and Conditions shall be in writing and addressed to: Epiphany CS, LLC., 236 S. 3rd St, PMB 189, Montrose, CO 81401 ATTN: TOS.
(g) Equitable Remedies. You hereby agree that Epiphany would be irreparably damaged if the terms of these Terms and Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms and Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.
(h) Entire Agreement. These Terms and Conditions, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site.