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Epivore Terms of Service

These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and Epivore (as defined below) governing your access to and use of the Epivore website, including any subdomains thereof, and any other websites through which Epivore makes the Services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Services“). The Site, Application and Services together are hereinafter collectively referred to as the “Site.”Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Site, you agree to comply with and be bound by these Terms.PLEASE NOTE: THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT APPLIES TO ALL USERS. If you reside in the United States, this provision applies to all disputes with Epivore. If you reside outside of the United States, this provision applies to any action you bring against Epivore in the United States. It affects how disputes with Epivore are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.When these Terms mention “Epivore,” “we,” “us,” or “our,” it refers to the Epivore, Inc., a Delaware corporation and the company you are contracting with in this Agreement.Scope of ServicesThe Site is an online platform that enables users (“Users”) to research, discover, and obtain Epivore’s products and services (the “Purpose”).If you choose to use the Site as a User, your relationship with Epivore is limited to being an independent user, and not an employee, agent, joint venturer or partner of Epivore for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Epivore.The Site may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Epivore is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Epivore of such Third-Party Services.Due to the nature of the Internet, Epivore cannot guarantee the continuous and uninterrupted availability and accessibility of the Site. Epivore may restrict the availability of the Site or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Site. Epivore may improve, enhance and modify the Site and introduce new Services from time to time.Eligibility, Using the Site, User VerificationYou must be at least 18 years old and able to enter into legally binding contracts to access and use the Site or register a Epivore account. By accessing or using the Site you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.Epivore may make the access to and use of the Site, or certain areas or features of the Site and/or Epivore’s products and Services, subject to certain conditions or requirements, such as completing a verification process or meeting specific quality or eligibility criteria.Modification of These TermsEpivore reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Site. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect by following the procedure described in the “Term and Termination” section below. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Site will constitute acceptance of the revised Terms.Proprietary Rights in Service Content and Software; Limited LicenseAll content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Epivore with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, and subject to the this Terms, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your use and not for distribution, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content (as defined below), you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Epivore from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).The technology and software underlying the Services or distributed in connection therewith are the property of Epivore, our subsidiaries, affiliates and partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Epivore.Any use of the Services or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.Trademark Rights“Epivore” and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Epivore in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.User ContentEpivore may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Site (“User Content“); and (ii) access and view User Content and any content that Epivore itself makes available on or through the Site, including proprietary Content and any content licensed or authorized for use by or through Epivore from a third party (“Content” and together with User Content, “Collective Content“).The Site, Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Site and Content, including all associated intellectual property rights, are the exclusive property of Epivore and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Epivore used on or in connection with the Site and Content are trademarks or registered trademarks of Epivore in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms or in any other agreement entered into between you and Epivore. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Epivore or its licensors, except for the licenses and rights expressly granted in these Terms.Subject to your compliance with these Terms, Epivore grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Site and accessible to you, solely for your personal and non-commercial use.By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Site, you grant to Epivore a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Site, in any media or platform. Unless you provide specific consent, Epivore does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.You are solely responsible for all User Content that you make available on or through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Epivore the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Epivore’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other Epivore policy. Epivore may, without prior notice, remove or disable access to any User Content that Epivore finds to be in violation of these Terms, or otherwise may be harmful or objectionable to Epivore, its Users, third parties, or property.Use of the Services may require the use of certain third party products and services (“Third Party Services”). Use of any Third Party Services is at your sole risk and will be governed by separate terms and conditions, separate privacy policies relating to usage of data you may share through the Third Party Services in the course of using the Services, other applicable policies, and may include separate fees and charges. Epivore may display content from third parties through the Services or may provide information about or links to Third Party Services. Your interactions with any such third parties, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the applicable third parties. Epivore is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such third-party information made available through the Services.Epivore respects copyright law and expects its Users to do the same. If you believe that any content on the Site infringes copyrights you own, please notify us promptly.Prohibited ActivitiesYou are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site. In connection with your use of the Site, you will not and will not assist or enable others to:breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;use the Site for any purpose other than the Purpose;use the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Epivore endorsement, partnership or otherwise misleads others as to your affiliation with Epivore;copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Site in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Users or third parties;use the Site in connection with the distribution of unsolicited commercial messages (“spam”);discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;use, display, mirror or frame the Site or Collective Content, or any individual element within the Site, Epivore’s name, any Epivore trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without Epivore’s express written consent;dilute, tarnish or otherwise harm the Epivore brand in any way, including through unauthorized use of Collective Content, registering and/or using Epivore or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Epivore domains, trademarks, taglines, promotional campaigns or Collective Content;use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Site for any purpose;avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Epivore or any of Epivore’s providers or any other third party to protect the Site;attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;take any action that damages or adversely affects, or could damage or adversely affect the performan

Epivore Privacy Policy

Effective Date: July 12, 2021This policy describes how Epivore, Inc. (“Epivore,” “we,” “us,” or the “Company”) collects, aggregates, stores, safeguards and uses the data and information (including non-public personal information, or “NPI”) provided by users through our website, www.epivore.com and www.app.epivore.com (jointly, “the Site”), as well as information collected by us through other means, including by email, over the phone, or in offline communications. This Site is operated by the Company and has been created to provide information about our company, products, and services (together, the “Services”).We take your privacy and the security of your information seriously.This policy explains:What information we collect, and how we use itChoices you can make about the way your information is collected and usedHow we protect personal information electronically and physicallyThis policy is incorporated into and a material term of your registration and/or use of Epivore’s products and services, including our website, www.epivore.com. By using the Site or Services, you consent to the practices set forth in this Privacy Policy.INFORMATION WE COLLECTInformation You Provide to UsEpivore collects information from you when you choose to provide it to us through the Site or through any other means. This may include when you create an account on the Site, register or request products or services, request information from us, sign up for newsletters or our email lists, use our Site, or otherwise contact us.The information we collect may include your name, address, email address, telephone or mobile phone number, information relating to your employment or professional activities and financial account information. You may be required to provide certain personal and/or business information to apply for and receive Epivore products services.Information We Automatically CollectWe may use cookies or other technologies to automatically collect certain information when you visit our Site or interact with our emails. For example, if you are responding to an offer, promotional email or other email from us, we may automatically populate your personal information into our system once you enter your offer code or similar identifying device or otherwise accept your offer or promotion. Additionally, we may automatically collect certain non-personal information from you such as your browser type, operating system, software version, and Internet Protocol (“IP”) address. We also may collect information about your use of the Site, including the date and time of access, the areas or pages that you visit, the amount of time you spend using the Site, the number of times you return, whether you open, forward, or click-through emails, and other Site usage data.You may adjust your browser or operating system settings to limit this tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Check the “Help” menu of your browser or operating system to learn how to adjust your tracking settings or cookie preferences. Please note that our system may not respond to Do Not Track requests or headers from some or all browsers.HOW WE USE INFORMATION WE COLLECTEpivore uses the data and information you provide in a manner that is consistent with this Privacy Policy and applicable law. If you provide personal data for a certain reason, we may use the personal data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the personal data you provide to answer your question or resolve your problem. Also, if you provide personal data in order to obtain access to the Site or Services, we will use your personal data to provide you with access to such services and to monitor your use of such services.Epivore may also use your personal data and other personally non-identifiable information collected through the Site or the provision of the Services to help us improve the content and functionality of the Site or the Services, to better understand our users and to improve the Site and the Services. Epivore and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.SHARING OF INFORMATION WE COLLECT[Epivore is not in the business of selling your information.] There are, however, certain circumstances in which we may share your personal data with certain third parties without further notice to you, as set forth below:Agents, Consultants and Third Party Service Providers:Epivore, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.Business Transfers:As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personal data may be part of the transferred assets.Related Companies:We may also share your personal data with our corporate affiliates and subsidiaries, if any, for purposes consistent with this Privacy Policy.Legal Requirements:Epivore may disclose your personal data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Epivore, (iii) act in urgent circumstances to protect the personal safety of users of the Site, the Services or the public, or (iv) protect against legal liability.LINKS TO OTHER WEBSITESThe Site may have links to third-party websites, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites, nor does any such link imply that Epivore endorses or has reviewed the third party site subject to such link. We suggest contacting those sites directly for information on their privacy policies.CHILDREN AND MINORSEpivore does not knowingly collect personal data from minors under the age of 18. If you are under the age of 18, please do not submit any personal data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal data without their permission. If you have reason to believe that a minor under the age of 18 has provided personal data to Epivore through the Site or the Services, please contact us, and we will endeavor to delete that information from our databases.DATA SECURITYWe have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about our customers and Site visitors. While we make reasonable efforts to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any personal data to the Company via the Internet.ACCESS TO YOUR PERSONAL INFORMATIONTo keep your personal data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct personal information in our possession that you have previously submitted via the Services.INFORMATION FOR EEA USERSWhat Rights Do I Have?Individuals located in the European Economic Area (EEA) have certain rights in respect of your NPI, including the right of access, rectification, restriction, opposition, erasure and data portability. Where possible, we rely on user consent as a lawful basis for processing personal data and obtain such consent in compliance with applicable laws. In some cases, Epivore may process NPI pursuant to legal obligation or to protect your vital interests or those of another person.How May I Exercise My Individual Rights?Epivore users may access and update their NPI through their account settings in the Epivore platform. Users located within the EEA may contact us with questions or requests regarding their NPI using the contact information below. Please note that Epivore may request additional information from you to verify your identity before we disclose any personal or account information. We only send marketing communications to users we believe to be located in the EEA with your prior consent, and you may opt out of such communications at any time by clicking the “unsubscribe” link found within Epivore email updates and changing your contact preferences. Please note, you will continue to receive essential account-related information, even if you unsubscribe from promotional emails.Who Can I Contact at Epivore Regarding Data Protection Issues?Epivore has designated a Data Protection Officer to assist with data privacy and data protection issues. You may contact him or her by emailing [email protected] and addressing your questions or concerns to the Data Protection Officer.IF YOU HAVE QUESTIONSIf you have any questions about this Privacy Statement or the practices described herein, you may contact us at: [email protected].CHANGES TO THIS STATEMENTEpivore reserves the right to revise this Privacy Policy at any time. When we do, we will post the change(s) on the Site. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site and the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.