IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND Epsilon LLC or, as applicable, its local subsidiary (“We” or “Company” or “Epsilon Training Center”). BEFORE ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the or this “TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THIS WEBSITE OR USED IN CONNECTION THEREWITH (collectively, the or this “ETC Website”). WE ARE WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE THIS WEBSITE AND ARE INSTRUCTED TO EXIT THIS WEBSITE IMMEDIATELY.
Terms and conditions
1. LICENSE GRANT.
The ETC Website is provided by EPSILON TRAINING CENTER, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the ETC Website and any programs, services, tools, materials, or information made available through or from the ETC Website conditioned on your continued compliance with the terms and conditions of this TOS. This TOS permits you to use and access for personal or business purposes only the ETC Website (i) on a single laptop, workstation, or computer and (ii) from the Internet or through an online network. You may also load information from the ETC Website into your laptop’s, workstation’s, or computer’s temporary memory (RAM) and print and download materials and information from the ETC Website solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the ETC Website on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with Epsilon training Center regarding access and usage privileges for the ETC Website, including, without limitation, a member services agreement with Epsilon training Center. Nevertheless, your personal use of the ETC Website will be subject to the obligations and restrictions regarding use of the ETC Website as set forth in this TOS.
The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Epsilon training Center through the ETC Website in any manner not expressly permitted by this TOS. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the ETC Website. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the ETC Website or in any way reproduce or circumvent the navigational structure or presentation of the ETC Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the ETC Website, (ii) attempt to gain unauthorized access to any portion or feature of the ETC Website, including, without limitation, the account of any other Authorized User(s), or any other systems or networks connected to the ETC Website or to any Epsilon training Center server or to any of the services offered on or through the ETC Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the ETC Website or any network connected to the ETC Website, nor breach the security or authentication measures on the ETC Website or any network connected to the ETC Website, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the ETC Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the ETC Website or Epsilon training Center’s systems or networks or any systems or networks connected to the ETC Website, (vi) use any device, software, or routine to interfere with the proper working of the ETC Website or any transaction conducted on the ETC Website, or with any other person’s use of the ETC Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Epsilon training Center on or through the ETC Website, (viii) use the ETC Website to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the ETC Website (or any part thereof) without Epsilon training Center express, separate, and prior written permission, or (x) use the ETC Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Epsilon training Center.
3. USER OBLIGATIONS.
By downloading, accessing, or using the ETC Website in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the ETC Website, including, without limitation, when you provide information via a ETC Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Epsilon training Center reserves the right to terminate immediately your access to and use of the ETC Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the ETC Website. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which you receive or which is made available from Epsilon training Center in connection with this TOS. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the ETC Website (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the ETC Website is solely at your own risk. While Epsilon training Center has endeavored to create a secure and reliable ETC Website, you should understand that the confidentiality of any communication or material transmitted to/from the ETC Website over the Internet or other forms of global communication network cannot be guaranteed. Accordingly, Epsilon training Center is not responsible for the security of any information transmitted to or from the ETC Website. You agree to assume all responsibility concerning activities related to your use of the ETC Website, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the ETC Website, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the ETC Website shall only be available through the sole discretion of Epsilon training Center or pursuant to the terms and conditions of a separate written agreement with Epsilon training Center.
4. DELIVERY OF INFORMATION.
When using and/or to facilitate the operation of certain features of the ETC Website, you may provide Epsilon training Center with additional content or information (a “Posting”). In connection with delivering and providing to Epsilon training Center any such Posting, you hereby and automatically grant to Epsilon training Center a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the ETC Website and Epsilon training Center’s service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide Epsilon training Center with reasonable proof thereof (if requested)) required for Epsilon training Center to use such content or information in connection with Epsilon training Center’s services and the ETC Website. Notwithstanding the foregoing, you acknowledge and agree that Epsilon training Center shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the ETC Website in a timely or accurate manner. Moreover, Epsilon training Center assumes no responsibility for the deletion of or failure to store any content or information.
5. OTHER TERMS AND CONDITIONS.
Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the ETC Website, and/or to other specific portions or features of the ETC Website, all of which are made a part of this TOS by this reference. In particular, this TOS, in and of itself, shall not entitle you to any of the Epsilon training Center membership benefits until you execute and Epsilon training Center accepts Epsilon training Center’s member services agreement with Epsilon training Center. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the ETC Website, the latter terms shall control with respect to your use of that portion of the ETC Website. Epsilon training Center’s obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
6. USERNAME HANDLING POLICY.
Registration as an Authorized User for access to certain areas of the ETC Website may require both a username and a password. Only one Authorized User can use one username and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your username and password can gain entry to the ETC Website and to your account. Accordingly, by using the ETC Website, you agree to consider your username and password as confidential information and to keep your username and password confidential. You also agree not to use another Authorized User’s username and password. You will immediately notify Epsilon training Center if you become aware of any loss or theft of your password or any unauthorized use of your username and password. Epsilon training Center cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Epsilon training Center reserves the right to delete or change (with notice) a username or password at any time and for any reason.
This ETC Website may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and display certain Postings. To the extent that the ETC Website contains such communication forums (collectively, “Forums”), you agree that by using the ETC Website you will not post or transmit any of the following materials on the ETC Website’s Forums:
a. anything that interferes with or disrupts the ETC Website or the operation thereof,
b. statements or material that defames harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
c. unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
d. statements or material that violates other contractual or fiduciary rights, duties, or agreements,
e. statements or material that is bigoted, hateful, or racially offensive,
f. statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
g. statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
h. statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
i. statements or material that harms minors,
j. statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Epsilon training Center,
k. statements or material that misrepresents your affiliation with any entity and/or Epsilon training Center,
l. anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
m. chain letters or pyramid schemes,
n. statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
o. statements or material that is “off-topic” for a designated Forum,
p. solicitations, offers, or requests for employment, contracting opportunities, the performance of services for monetary gain, or the purchase, sale, or barter of items or materials.
q. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the ETC Website.
As Forums are public, the Authorized User experience is enhanced if you follow the foregoing and following guidelines. Please use netiquette. Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. Epsilon training Center encourages open and sincere communication but urges all Authorized Users to remember that Forums are intended to be a resource for all.
9. PERMISSION TO USE POSTINGS.
You represent that you have all necessary rights to make the Posting available to Epsilon training Center and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Epsilon training Center has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the ETC Website, Epsilon training Center has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Epsilon training Center assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
10. NO PRE-SCREENING OF POSTINGS.
Epsilon training Center is not responsible for screening, policing, editing, or monitoring your or another Authorized User’s Postings and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Epsilon training Center’s right and ability to delete or remove a Posting (or any part thereof), Epsilon training Center does not endorse, oppose, or edit any opinion or information provided by you or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other Authorized User. Nevertheless, Epsilon training Center reserves the right to delete or take other action with respect to Postings (or parts thereof) that Epsilon training Center believes in good faith violate this TOS and/or are, or are potential, unlawful or harmful to Epsilon training Center or its products, services, and goodwill. If you violate this TOS, Epsilon training Center may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the ETC Website. Moreover, it is a policy of Epsilon training Center to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact the Epsilon training Center as provided below.
11. PROPRIETARY RIGHTS.
This TOS provides only a limited license to access and use the ETC Website. Accordingly, you expressly acknowledge and agree that Epsilon training Center transfers no ownership or intellectual property interest or title in and to the ETC Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the ETC Website, unless otherwise indicated, are owned, controlled, and licensed by Epsilon training Center and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Epsilon training Center does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the ETC Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Epsilon training Center does enforce its intellectual property rights to the fullest extent of the law and, in particular, and without limitation, with respect to illegal use of terms confusingly similar to any of Epsilon training Center’s trademarks. This ETC Website is copyrighted. Copyright Epsilon training Center and/or its licensors. All rights reserved. Epsilon training Center also owns a copyright in the contents of the ETC Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the ETC Website. Any downloadable or printable programs, directories, databases, information, or materials available through the ETC Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Epsilon training Center. Epsilon training Center, the Epsilon training Center logo, and all other names, logos, and icons identifying Epsilon training Center and its programs, products, and services are proprietary trademarks of Epsilon training Center, and any use of such marks, including, without limitation, as domain names, without the express written permission of Epsilon training Center is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
12. FEEDBACK AND SUBMISSIONS.
Epsilon training Center welcomes your feedback and suggestions about Epsilon training Center’s products or services or the ETC Website. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Epsilon training Center, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Epsilon training Center and enable Epsilon training Center to use such feedback. In addition, any feedback received through the ETC Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Epsilon training Center to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
13. LINKS TO OTHER SITES.
Epsilon training Center may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Epsilon training Center and are maintained by third parties over which Epsilon training Center exercises no control. Accordingly, Epsilon training Center expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
14. THIRD-PARTY PRODUCTS/SERVICES.
Epsilon training Center, in its sole discretion, may post the advertisements of third parties on the ETC Website and/or feature materials, programs, products, and services provided by third parties, including, without limitation, Epsilon training Center’s members. Epsilon training Center makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the ETC Website are solely between you and such third party. Accordingly, Epsilon training Center expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the ETC Website, and you agree that Epsilon training Center shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the ETC Website.
WHILE Epsilon training Center ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE ETC Website ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. Epsilon training Center IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE ETC Website. Moreover, EPSILON TRAINING CENTER MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE ETC Website OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE ETC Website AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE ETC Website. EPSILON TRAINING CENTER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE ETC Website FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. EPSILON TRAINING CENTER ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE ETC Website WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
16. LIMITATION OF LIABILITY.
You expressly absolve and release Epsilon training Center from any claim of harm resulting from a cause beyond Epsilon training Center’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. Moreover, IN NO EVENT SHALL Epsilon training Center BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ETC Website, WITH THE DELAY OR INABILITY TO USE THE ETC Website, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE ETC Website, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF EPSILON TRAINING CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF EPSILON TRAINING CENTER FOR ANY REASON WHATSOEVER RELATED TO USE OF THE ETC Website SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO EPSILON TRAINING CENTER IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
You agree to defend, indemnify, and hold harmless Epsilon training Center and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOS.
18. NOTICE OF SECURITY BREACH.
In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by Epsilon training Center, you shall immediately (i) notify Epsilon training Center of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform Epsilon training Center of the results of such investigation, (c) assist Epsilon training Center using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist Epsilon training Center as reasonably necessary to enforce Epsilon training Center’s rights and to enable Epsilon training Center to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
19. GOVERNING LAW.
This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, the U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and Epsilon training Center each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of North Carolina for any disputes between us under or arising out of this TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim you might have against Epsilon training Center must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed. Epsilon training Center makes no representation that the ETC Website is appropriate or available for use in other locations outside the State of New York, and access to the ETC Website from states, territories, or nations where any aspect of the ETC Website is illegal is prohibited. You access the ETC Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the ETC Website. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Epsilon training Center if you wish to receive a printed copy of this TOS.
20. ENFORCING SECURITY ON THE SITE.
Actual or attempted unauthorized use of the ETC Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Epsilon training Center reserves the right to view, monitor, and record activity on the ETC Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the ETC Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the ETC Website as well as to disclosures required by or under applicable law or related government agency actions. Epsilon training Center will also comply with all court orders involving requests for such information. In addition to the foregoing, Epsilon training Center reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the ETC Website, or any portion of the ETC Website, in order to protect the ETC Website, Epsilon training Center, or Epsilon training Center’s business.
21. TERM AND TERMINATION.
This TOS and your right to use the ETC Website will take effect at the moment you click “I ACCEPT” or you install, access, or use the ETC Website and is effective until terminated as set forth below. This TOS will terminate automatically if you click “I REJECT”. In addition, Epsilon training Center reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the ETC Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if you fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the ETC Website, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the ETC Website in your possession. In addition to the miscellaneous section below, the provisions concerning Epsilon training Center’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason.