Welcome to the EPSG, LLC (“EPSG”) website, http://www.goepsg.com (the “Website”). Please read these Terms carefully. By using the Website, you (“User” or “you”) acknowledge that you read and understand this Agreement, and agree to comply with these Terms, conditions and notices set forth below (collectively, the “Agreement”). You are entering into this Agreement with EPSG. If you do not accept all of the terms and conditions contained in or incorporated by reference into this Agreement, please do not use the Website. EPSG only grants use of and access to this Website, and its services to those who accept these terms.
Modification of These Terms of Use
We reserve the right, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and such changes will be effective immediately upon posting. Your continued access or use of the Website is your acknowledgement of acceptance all terms of Agreement, as amended from time to time. It is your obligation to review these terms for the most current version of the Agreement.
Who Can Use the Website
You must be at least 18 (eighteen) years of age to use this Website. By using this Website, you warrant that you are at least 18 years of age. EPSG assumes no responsibility for liabilities for any misrepresentation you make when accessing and using the Website. Your submission of information on behalf of a business entity is your representation of authority to bind that business entity to the Agreement. EPSG may, in its sole and absolute discretion, refuse to allow use of the Website or accept a person’s or entity’s information and may, at any time, refuse to permit a person’s, or entity’s, continuing use of the Website for any reason or for no reason, in its sole discretion.
User Conduct and Obligations
All content and information on the Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) (collectively, the “Content”), is EPSG’s proprietary information. You may not damage, disable, overburden, harm or impair the Website. Nor may you copy, reproduce, republish, upload, post, transmit, distribute or modify EPSG’s intellectual property, including but not limited to tradename, trademarks or other proprietary information in any way without EPSG’s prior written permission. Additionally, you agree not to:
- Provide false or misleading information about yourself to EPSG, or impersonate any other person;
- Take any action on behalf of a person or entity with respect to the Website, for whom you are not authorized to act;
- Gather data about the Website or other visitors to the Website;
- Probe, scan, test the vulnerability of or breach the authentication measures of the Website or any related web pages, networks or systems;
- Violate any law including, but not limited to intellectual property laws; threaten, harass, defame any person or entity; create any lewd, offensive or indecent content; solicit or promote politically; disclose any personally identifiable information or sensitive/confidential data.
EPSG takes no responsibility and assumes no liability for any content submitted by you or any third party in violation of the law and/or the terms of this Agreement, and you waive all claims against EPSG for any loss or damage relating thereto. EPSG has the right, but not the obligation to screen, edit, monitor and remove any content in its sole and absolute discretion at any time and for any reason.
Intellectual Property
The Website and its Content are protected by intellectual property laws. Commercial use of any of the Content is strictly prohibited. You agree that you will not reproduce or redistribute the EPSG’s intellectual property in any way, including electronic, digital, or new trademark registrations. You grant EPSG a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish.
Electronic Communications
You consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on the Website, and each such form of communication shall be deemed a communication in writing. You have a right to withdraw your consent to receive electronic communications at any time, and may request a paper version of any electronic communication. You agree to pay EPSG a reasonable fee for the production and mailing of paper versions of electronic communications, unless charging a fee is prohibited by applicable law. To request a paper copy of an electronic communication, write us at EPSG, LLC, 515 Broadhollow Road, Courtyard South, Suite 900, Melville, NY 11747.
EPSG Privacy Policy
EPSG believes in protecting your privacy. Please review EPGS’s Privacy Policy, which also governs your use of the Website. The Privacy Policy governs the use of information collected from or provided by you through the Website. You represent and warranty to EPSG that all information that you provide on the website is accurate and authorized by the person or entity on behalf of which you acted.
Security
You are solely responsible for the protection of your account. Accordingly, you should take all necessary precaution with the handling of any passwords. If you suspect any unauthorized access to your account, you must immediately notify EPSG. You waive any claims against EPSG for any loss or damage resulting from unauthorized access.
Limitation of Liability
IN NO EVENT SHALL EPSG BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY KIND OF DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INTERACTIVE AREAS, OR EPSG’S SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EPSG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of Warranties
EPSG MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY EPSG. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EPSG DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM EPSG, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EPSG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
Indemnification
You agree to defend, indemnify and hold harmless EPSG and its directors, officers, agents, partners, investors, employees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and, arising from your breach of the terms of this Agreement.
You and each of your successors, assigns, subsidiaries and affiliates, hereby unconditionally waive all claims against EPSG and its directors, officers, agents, partners, investors, employees, successors and assigns whether known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Website.
Termination
You agree that EPSG, in its sole and absolute discretion, may terminate or suspend your use or access to the Website, Content and/or services at any time and for any or no reason, without notice. Upon such suspension or termination, you must immediately discontinue use of the Website, Content, and services. Further, you agree that EPSG shall not be liable to you or any third party for any termination or suspension of your access to the Website, Content, and/or services.
Third Parties
For your reference and convenience only, the Website may contain links to websites, pages, accounts or other electronic media owned or controlled by third parties. Accordingly, EPSG is not responsible for the content, privacy or practices of such websites. It is your responsibility to take precautions to ensure that whatever links you select or software you download (whether from the Website or other websites) is safe.
Copyright and Trademark Notices
Nothing in these Terms of Use or on the Website shall be construed as granting, by implication, or otherwise, any license or right to use any trademarks, trade names, logos, images, typefaces, graphics, service marks and trade dress displayed on the Sites (“Mark”) without the prior written consent of EPSG or the owner of the Mark. All Marks are owned by EPSG or a third-party provider.
General
The Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to the principles of conflicts of law of that state or any other jurisdiction. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of New York located in Suffolk County, New York, or the United States Courts in the Eastern District of New York and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Website. You agree that all claims you may have against EPSG arising from or relating to the Website must be heard and resolved in a court of competent subject matter jurisdiction located in the State of New York within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in full force and effect.
The Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and EPSG with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the you and EPSG with respect to the Website. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to Contact EPSG
If you have any questions or comments about the Agreement, or your dealings with the Website, please contact us by mail at EPSG, LLC, 515 Broadhollow Road, Courtyard South, Suite 900, Melville, NY 11747.