Terms and Conditions
The Farm Risk Protection website (Website) is provided by Epoq, Inc., which is a Massachusetts corporation (ID 001419563) whose registered office address is 82 Wendell Avenue, STE 100, Pittsfield, MA 01201 (Epoq).
References to our, us and we on the Website are references to Epoq.
Reference to you on the Website means the individual or business that is registered to use the Services.
These terms and conditions (Conditions) govern your use of (1) the Website and (2) the services (Services) offered to users of the Website, comprising the document preparation service (Document Preparation Service) and the document review service (Document Review Service).
The Services offered to you depend on your terms of access; you may not be offered all of the Services. Reference in the Conditions to the Services is only to the Service or Services to which you do have access.
Our notice of ownership of intellectual property rights (Intellectual Property Rights Notice) as detailed on the Website forms a part of the Conditions.
It is important that you read and understand the Conditions before you start to use the Website. You can print and keep a copy for your reference.
By using the Website, you indicate that you accept the Conditions and that you agree to abide by them. If you do not agree to the Conditions, please refrain from using the Website.
We grant to you a non-exclusive, non-transferable, limited license only to use the Website, and the Services available on it, in accordance with the provisions set out in the Conditions. In particular: (1) the Services available on the Website for consumers are for use by you only in connection with your direct personal legal needs or for use by you in connection with the direct personal legal needs of a Household Member. A Household Member means an adult living, otherwise than on a basis that is intended to be temporary, under the same roof as you; or (2) the Services available on the Website for businesses are for use by you and your authorized personnel only in connection with your direct business legal needs. You may not use or exploit the Website, or any of the Services available on it, for any professional or commercial purpose (including use of the Document Preparation Service to create legal forms or documents for resale). All rights not expressly granted to you in the Conditions are reserved by us and, if applicable, our licensors.
You represent and warrant that you possess the legal right, capacity and ability to agree to the Conditions and use the Website in accordance with them. Individuals using the Website (whether on their own behalf or on behalf of a business) represent and warrant that they have reached the age of majority in the jurisdiction in which you reside, and that they are in any event at least 18 years old. Authorized personnel using the Website on behalf of a business represent and warrant that they have the ability to agree to the Conditions on behalf of that business.
Minors are not eligible to use the Website and we ask that they do not submit any personal information to us.
Reasonable efforts will be made to keep the Website available for use and functioning efficiently and reliably; however, we cannot guarantee any minimum levels regarding the performance, speed, reliability, availability, use or consistency of the Website because the Website depends on the internet, including networks, cabling, facilities and equipment that are not within our control. We will not be liable for any damage or loss suffered as a result of any interruption in the availability of the Website or reduction in performance levels.
Due to the nature of the internet and the possibility of third-party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description or any forms of computer misuse. We will not be liable for any damage or loss caused by such third-party interference as a result of your use of the Website. You acknowledge that you are responsible for taking back up copies of your data and taking appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse. In particular, without limitation, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
Website content (other than the document templates)
We aim to update the Website regularly and may change the content at any time. Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material. The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To avoid any doubt, this does not refer to the content of the document templates offered on the Website.
You warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by the Conditions, and any other notices appearing on the Website.
Without limitation, you must not, directly or indirectly:
- misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, Adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- attempt to gain unauthorized access to the Website, any server on which the Website is stored or any server, computer or database connected to the Website or disable or circumvent any access control or related process or procedure established with respect to the Website;
- scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
- forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website;
- impersonate or falsely represent your association with any person, including a representative of ours;
- disrupt or threaten the integrity, operation or security of any website, any computer or any internet system;
- extract, gather, collect, or store personal information about others without their express consent;
- attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- use the Website in any way that breaches any applicable local, national or international law or regulation, or which is in any way unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
- use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
Website access arrangements and security
You are responsible for making all arrangements necessary for you or (if you are an organization) your authorized personnel to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Conditions, and that they comply with them.
You are responsible for the security of any usernames, passwords or access codes or other private information of any kind used for the purposes of user identity verification that are required for you or (if you are an organization) your authorized personnel to access the Services and for ensuring that they are not misused. You must treat such information as confidential and you must not disclose it to any third party. If you are an organization, you must ensure that your authorized personnel do likewise. You agree to notify us immediately of any unauthorized use of your access information and to assist us, as requested, to stop or remedy any breach of security related to your access information.
We shall not be liable for any losses you incur as a result of someone else's use of your access information, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your access information.
On no account should access information be used for gain - for example, by selling to others access to our Services.
You may not use a third party's access information at any time.
You agree to provide true, current, accurate and complete customer and (if you are an organization) user information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
Without limiting any of our other rights, we may suspend, restrict or terminate your use of the Website and disable your access information without notice if, in our sole and absolute discretion, we determine or believe that you have failed to comply with any of the Conditions.
We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
If there are links from the Website to other websites operated by third parties, these are provided as a convenience only and we do not guarantee you will be able to access those other websites via any link on the Website. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third-party websites or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites, nor do we accept any responsibility for any damage or loss you may suffer as a result of your use of any third-party websites. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party website.
You may not establish a link to this Website from any other website without our prior written consent.
No attorney-client relationship
We are not a law firm. We cannot perform services which must be performed by an attorney. The Document Preparation Service provides general information only, similar to that provided by self-help law books and legal forms offered for sale through retail outlets. It should not be understood as providing legal, estate or tax advice to be applied to a specific situation. The Document Preparation Service is not a legal service; it is an automated software solution provided to persons who choose to prepare legal documents for themselves or for any Household member of theirs.
The law is a personal matter, and no general information or automated solution of the sort that we provide can fit every circumstance. Further, the law differs from jurisdiction to jurisdiction, and may be interpreted or applied differently depending on your location or situation. Because of this, we cannot, and do not, provide legal, estate or tax advice, opinions or recommendations about your legal rights, remedies, defenses, options, or strategies, or apply the law to the facts of your particular situation. Nor, when you use the Document Preparation Service, can we provide you with any legal advice about whether a template is appropriate for your situation or that of a Household member of yours, draw legal conclusions from your answers or review your answers for legal sufficiency.
THE SERVICES AVAILABLE ON THE WEBSITE ARE NOT SUBSTITUTES FOR THE ADVICE OR SERVICES OF AN ATTORNEY.
Therefore, if you need legal, estate or tax advice for your specific problem, or if your specific problem is too complex to be addressed by our automated solutions, you should consult an attorney in your area.
Use by you of the Services does not create an attorney-client relationship between you and us, or between any Household Member of yours and us. Instead, you are and will be representing yourself in any legal matter you undertake through the Document Preparation Service. ANY PERSONAL INFORMATION YOU PROVIDE TO US WHEN YOU USE THE SERVICES IS NOT COVERED BY ATTORNEY-CLIENT PRIVILEGE OR WORK-PRODUCT PROTECTION.
An attorney-client relationship between you and an attorney will be created if you have access to, and use, the Document Review Service, as described below.
Document Preparation Service
The online document preparation service collects relevant information and data to assist in the preparation of a legal document (Document) from a document template using an automated software solution.
When using the Document Preparation Service, you will be asked a series of questions by a document assembly and drafting system (System). The answers you give will dictate the content of the Document produced automatically by the System from the document template. You alone are responsible for ensuring the answers or any information that you give are correct (this includes information in relation to the identity of any parties or signatories, their age or capacity). Since the System is automated, the Document Preparation Service relies on you providing the correct information. You must carefully check that the Document produced fully reflects your wishes. If it does not, you should not sign it.
All Documents should be used in conjunction with proper advice as to their suitability for your particular requirements and circumstances. We cannot be responsible if you use a Document, or alter or amend it, without seeking proper advice.
We disclaim all liability for actions taken or not taken based on a Document.
It is your responsibility to ensure that any Document is properly signed.
The document templates available on the Website from which Documents can be created by you using the System have been prepared to produce Documents that comply with the law of a particular jurisdiction only, as is clearly indicated on every document template or on the Website. A reference in the Conditions to the chosen jurisdiction is a reference to the jurisdiction chosen by you when selecting a template and/or while using the System to create a Document from a template.
If any person or entity that is to sign a Document is outside the chosen jurisdiction, it is your responsibility to ensure that any Document is properly signed in accordance with the requirements of that jurisdiction where those requirements prevail.
Documents are prepared for use in accordance with the law of the chosen jurisdiction. You should not use them in any other jurisdiction, or if property the Document deals with is outside the chosen jurisdiction.
We recommend that before reusing a Document you check the Website to ensure that it was created from the latest version of the relevant template. If we have replaced the template with a revised version, we recommend that you obtain the latest version.
Documents completed online will be stored for a minimum period of six years. After this period, you may not be able to obtain online access to your Documents, and they may be deleted. We reserve the right to levy a reasonable recovery charge in respect of any Documents that are capable of being recovered. If you have not logged in to the Website for a period of twelve months or more, then we reserve the right to store your Documents offline and levy a reasonable recovery charge for you to access them again.
We will not have any responsibility for the following:
- verifying your identity, authority or capacity to create a Document, or your answers or any information given by you when using the Document Preparation Service, or whether you were subject to undue influence when using the Document Preparation Service;
- proofreading data you have input for typographical errors;
- any alterations made by you or on your behalf to a Document once it has been made available to you;
- supervising or checking the due and proper signing of any Document;
- any use of a Document or signing of a Document by a person or entity outside of the chosen jurisdiction;
- any adverse consequences if you use any Document without taking appropriate legal, estate or tax advice as to its suitability for your particular circumstances; or
- undertaking any future review of any document or for providing any ongoing advice, legal, estate, tax or otherwise, as to the continued effectiveness for legal, taxation or any other purpose of any Document.
With respect to a will, we shall, additionally, have no responsibility and will accept no liability for verifying:
- whether you knew, understood and approved the contents of your will; or
- whether there were or might be any actual or potential third-party beneficiary or beneficiaries who might have a claim in law against your estate.
Document Review Service
Document Reviews, if you have access to these, are performed by attorneys in a network established, managed and maintained by Countrywide Pre-Paid Legal Services, Inc. (Countrywide). Countrywide is responsible for matching each request for a Document Review to a suitable network attorney, assigning that Document Review to the selected attorney and creating and managing the attorney's access to the Document. We provide and maintain the technology interface to facilitate this process. To avoid any doubt, neither we nor Countrywide have any contractual relationship with, and therefore any liability to, you with respect to the performance by a network attorney of any Document Review Service.
A network attorney will establish a contractual relationship direct with you, and agree the price payable by you, before performing a Document Review Service. There may be limitations, consistent with the intended purpose and scope of the Document Review Service, on the work that will be done in the course of that relationship.
The Document Review Service is intended to provide for the review and approval by a network attorney of a Document created by you. The purpose of a Document Review is:
- for the network attorney to indicate to you whether or not they are satisfied, based on the answers that you gave the System and any other information you disclose to the network attorney, that the Document created by you is effective, so far as has been disclosed, to meet your requirements and suitable for your circumstances; and
- if necessary, for the network attorney to amend the Document to ensure that it is suitable for your disclosed requirements and circumstances.
In order to determine whether a Document meets your requirements and is suitable for your circumstances, the network attorney is expected to:
- review the answers you gave the System;
- review the Document; and
- engage, if necessary, in reasonable correspondence and/or communications with you to clarify your requirements or to resolve ambiguities in information provided by you that is material to the performance of the Document Review Service.
The network attorney is not expected to:
- undertake any investigation of your particular circumstances beyond those that you disclosed in the answers you gave the System, or that you informed the network attorney of via subsequent communications;
- provide legal, estate or tax advice about the suitability of the Document to your particular circumstances save to the extent that they are disclosed by the answers you gave the System and/or in any subsequent communications;
- verify your answers or any information given by you when using the System;
- supervise or check the due and proper execution of the Document; or
- undertake any future review of the Document or provide any ongoing advice, legal, estate, tax or otherwise, as to the continued effectiveness for legal, taxation or any other purpose of the Document.
The expectation is that in most cases the work that the network attorney undertakes under each Document Review Service will take no more than one hour in total. The terms of engagement provided to you by the network attorney may reserve the right for the network attorney to manage the work they agree to do to ensure that, so far as possible, that expectation is fulfilled.
Website access facility
We have a facility that enables us to access your user account, or any Documents you have created or started, and perform actions as if we were you. We will only ever use that facility when it is necessary in order to action a support request that you have made to us, whether by email or by telephone. You consent to us using this facility in this way when you accept the Conditions. By accepting the Conditions, you also agree to comply with the instructions we may give you to ensure that the use of this facility is effective. For the avoidance of doubt, we shall not ever, unless you are on a telephone call with us at the time and specifically provide your consent, use this facility to accept any contractual terms or other legal acknowledgements, or to make any payments, on your behalf.
Use of the Website and the content on the Website and the Document Preparation Service is subject to the Intellectual Property Rights Notice on the Website.
North Carolina consumers
If, and only if, you are resident or based in North Carolina:
- We provide watermarked blank document templates upon request. To request such templates, please contact us, specifying which document templates you are requesting.
- The disclaimers of warranties and exclusions and limitations of liability in the Conditions will not apply to you.
- The Conditions will not be construed to limit your recovery of damages or other remedies.
- The Conditions will not be construed to require you to agree to jurisdiction or venue in any state other than North Carolina for resolution of disputes between you and us.
Unless you are resident or based in North Carolina (see the 'North Carolina consumers' section above), the following provisions set out our entire financial liability (including any liability for the acts or omissions of our affiliates or our controlling parties, employees, agents, resellers, distributors, suppliers and sub-contractors) to you in respect of:
- any breach of the Conditions;
- your use of the Website or any software accessed through the Website;
- your use of the Services; or
- any representation, statement or tortious act or omission (including, without limitation, negligence) arising under or in connection with the Conditions, the Website, or the Services.
You acknowledge that the following exclusions and/or limitations are reasonable having regard to the fact that the Website and the Services are freely accessible and available at no or low cost and that we do not provide the Document Review Service.
WE EXCLUDE ALL LIABILITY TO HOUSEHOLD MEMBERS.
CUSTOMER ACKNOWLEDGEMENT - YOU ACKNOWLEDGE AND AGREE THAT: (i) ALL USE OF THE WEBSITE PROVIDED BY US IS AT YOUR OWN DISCRETION AND AT YOUR OWN RISK; (ii) THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY US OF SUCH WEBSITES OR THE INFORMATION CONTAINED THEREIN; AND (iii) THE WEBSITE PROVIDED UNDER THE CONDITIONS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
DISCLAIMER OF WARRANTIES - WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE OR ANY PRODUCTS OR SERVICES SUPPLIED UNDER THE CONDITIONS. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.
NO LIABILITY - NOTWITHSTANDING ANY OTHER PROVISION OF THE CONDITIONS, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, OPPORTUNITY, EARNINGS, ANTICIPATED SAVINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THE CONDITIONS OR THE USE, OR NON-USE OF THE WEBSITE, SERVICES OR ANY SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: (i) ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF THE WEBSITE OR A RELATED COMPONENT; (ii) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO THE WEBSITE. WITHOUT RESTRICTING THE FOREGOING, AND EXCEPT AS PROHIBITED BY LAW, IF CIRCUMSTANCES ARISE IN WHICH YOU ARE OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM US, OUR AGGREGATE LIABILITY FOR DAMAGES (INCLUDING COSTS AND EXPENSES) IS LIMITED TO 50,000 USD.
APPLICABILITY - SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY OR DAMAGES. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS ON LIABILITY OR DAMAGES IN THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS (INCLUDING LIMITATIONS ON DAMAGES) WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THE CONDITIONS CONSISTENT WITH SUCH PROHIBITIONS.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE CONDITIONS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THE CONDITIONS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, PROVINCIAL, TERRITORIAL OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
Please contact us in the first instance if you have any concerns about your use of the Website or any of the Services. We expect that most concerns will be resolved quickly and to your satisfaction in this way. In the unlikely event that we are unable to resolve your concerns to your satisfaction, we each agree to the following.
Any dispute, controversy, or claim arising out of or relating to the Conditions, the breach, termination or invalidity thereof, or arising out of or relating to your use of the Website or any of the Services, or arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each, a Dispute), shall be submitted for resolution through the online dispute resolution platform, SettlementIQ (Platform), which allows for Disputes to be escalated if necessary from direct online engagement between you and us through to mediation and, finally, for resolution by binding arbitration. The rules and procedures from time to time prescribed by the Platform shall govern the overall administration, management and conclusion of the dispute resolution process between you and us.
The procedures set out below shall be the exclusive mechanism for resolving any Dispute. We each waive the right to pursue a claim in a small claims court or in a court of general jurisdiction, except that:
- We may bring a lawsuit against you in any court of competent jurisdiction (or in a North Carolina court of competent jurisdiction if you are a North Carolina consumer) solely for injunctive relief to stop any unauthorized use or abuse of the Website or the Services without first engaging in the dispute resolution processes described in this section.
- We may bring a lawsuit against you in any court of competent jurisdiction (or in a North Carolina court of competent jurisdiction if you are a North Carolina consumer) solely for injunctive relief to stop any intellectual property infringement without first engaging in the dispute resolution processes described in this section.
You may only resolve Disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
If we are unable to resolve any concerns you have raised with us to your satisfaction within 10 business days, we will tell you how to submit a Dispute to the Platform.
In the event that a Dispute submitted to the Platform is not resolved through direct online engagement between you and us within 20 business days, we shall initiate a mediation through the Platform.
You and we shall co-operate with one another in selecting a neutral mediator and in preparing for and scheduling the mediation proceedings and shall comply with the Platform's relevant rules and procedures.
You and we agree that the mediator's fees and expenses and the costs incidental to the mediation will be shared equally.
You and we further agree that all offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of you or us, your or our agents, employees, experts, and attorneys, and by the mediator and any employees of the Platform, are confidential, privileged, and inadmissible for any purpose in any litigation, arbitration or other proceeding involving you and us, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
You and we agree that, during the course of any direct online engagement or of any mediation, you and we will act in good faith and use commercially reasonable efforts to resolve the Dispute.
If you and we cannot resolve any Dispute for any reason, including, but not limited to, the failure of either party to participate in a mediation or agree to any settlement proposed by the mediator, within 20 business days of the conclusion of mediation proceedings or earlier breakdown of mediation proceedings, you and we agree to commence binding arbitration by a single arbitrator through the Platform in accordance with the Platform's relevant rules and procedures, and to comply with such rules and procedures with respect to the conduct of the binding arbitration. To avoid any doubt, if you are a North Carolina consumer, any such binding arbitration shall take place either online or in North Carolina.
The requirement for a Dispute to be submitted through the Platform for resolution first by direct online engagement between you and us and then, if that fails to resolve the Dispute, by mediation proceedings is an express condition precedent to binding arbitration of the Dispute.
Notification of breach of Conditions
If at any time you become aware of any violation, by any person or entity, of any part of the Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
We reserve the right to withdraw or amend the Services without notice. From time to time, we may restrict access to some parts, or all, of the Website.
We reserve the right to change the terms, conditions, and disclaimers under which the Website or any service is offered. However, no such change shall operate retroactively.
It is your responsibility to review the Conditions periodically. If, at any time, you do not agree to the Conditions, please do not use the Website. We may revise the Conditions at any time without notice to you.
Your use of the Website and the content and features accessed through the Website constitute your electronic signature to the agreement set out in the Conditions and your consent to enter into agreements with us electronically. This agreement will be deemed to satisfy any writings requirements of any applicable law, notwithstanding that the agreement set out in the Conditions is written and accepted electronically. All agreements between you and us completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.
In the Conditions, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of the Conditions, (ii) the word "including", the word "includes" and the phrase "such as", when following a general statement or term (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to website addresses or URLs will also include any successor or replacement websites containing substantially similar information as the referenced website(s).
Waiver of rights and remedies
Our failure to insist upon or enforce strict performance of any provision of the Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of the Conditions. Our rights, powers and remedies in the Conditions, including without limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
If any provision of the Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
Any cause of action you may have with respect to the Conditions or the Website must be commenced within one year after the claim or cause of action arose, or it will be barred.
Assignment and Inurement
We may at any time assign our rights and obligations under the Conditions, in whole or in part, without notice to you. You may not assign the Conditions without our prior, written consent. The Conditions will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of the Conditions or use of the Website.
Neither of us will be responsible for a failure to fulfil our obligations under the Conditions or for delay in doing so if such failure or delay is due to circumstances beyond our reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
The Conditions, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein constitute the entire agreement between us and you with respect to the matters referred to in the Conditions and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
The Conditions (and all communications) are in English.
The Conditions shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts and the United States of America without regard to any choice of law or conflict of law principles, regardless of where you live.
If you have any questions about the Conditions or in the event that you have a complaint in relation to services or products available from the Website, please contact us at firstname.lastname@example.org or write to us at Epoq, Inc., 85 Swanson Road, Suite 160, Boxborough MA, 01719.
Your use, or use by authorized personnel on your behalf, of the Website or of any Service signifies your consent and agreement to the Conditions.
Updated: September 12, 2023