Effective Date: 1/1/2024
Welcome to EPI Limited Partnership and its affiliates (“EPI”) applications that run on mobile devices and tablets, the websites operated by EPI, other social media and online locations such as Facebook, Twitter, Instagram and YouTube, and text messaging services provided by EPI (collectively, “Services”).
If you have a question whether a Service operated by EPI, or if an entity is an affiliate of EPI, please check the information posted on the Service or contact us using the information provided.
PLEASE BE AWARE THAT SECTION 12 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THESE ARBITRATION TERMS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF ARIZONA CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
- Acceptance of Terms
Please carefully read the following Terms before using the Services. By accessing or using each Service, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Services or any of their content.
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. Each time you access, use or browse the Services, you signify your acceptance of the then-current Terms. Any changes in these Terms take effect upon posting, unless we provide notice or have other communications with you.
- Permitted Use
The content available through the Services, including without limitation text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the “Content”) is the sole and exclusive property of EPI and/or its licensors. You agree not to reproduce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Services or the Content other than as expressly authorized by EPI in writing. Use of the Services or the Content in any way not expressly permitted by these Terms is prohibited and may be actionable under United States or international law. You agree not to access or use the Services by any means other than through a standard web browser or EPI’s Services, as applicable.
You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit, or create derivative works from any part of the Services or the Content unless expressly authorized by EPI in writing. You agree that you will not remove, obscure, or modify any acknowledgments, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Services or in the Content.
- Text Messaging Service
- Service Description: The Text Messaging Service allows you to receive and send text messages to and from a designated text number. These messages may include promotional offers, alerts, and other content.
- Acceptance of Terms: By providing your phone number to EPI, you agree that EPI and its affiliates can send you text messages (including SMS and MMS) to that phone number. EPI will send you text messages only with your consent.
- Message Content: Messages may include updates related to our services, promotional offers, alerts, and service-related content. Messaging frequency may vary. Standard messaging rates may apply.
- Opt-Out: **You can opt out of our messages at any time by replying “STOP” to a message. Reply “HELP” for more information or assistance.**
- Restricted Access
Some Services may restrict access to the sites or to sections or features of the sites. A separate agreement that addresses access and use may apply to those Services, sections or features. In the event that you are required to select a username or password to access those Services, sections or features, you are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. You authorize EPI to act on instructions received through use of your password and agree that EPI is not liable for any loss or damage arising from your failure to comply with this Section. You agree to immediately notify EPI of any unauthorized use of your password or any other breach of security.
Links to Other Websites and Search Results: The Services may contain links to websites operated by other parties. The Services provide these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of EPI which is not responsible for the content available on third party sites. Such links do not imply endorsement of information or material on any other site and EPI disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that EPI shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
- Modifications to the Services
EPI reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services, or any portion thereof, or any content, with or without notice. You agree that EPI will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Service.
- Suspension and Termination of Rights
EPI reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Services or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that EPI shall not be liable to you or any third party for any such suspension or termination.
THE SERVICES AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS, SWEEPSTAKES, CONTESTS, DRAWINGS, OR OTHER ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE SERVICES, INCLUDING WITHOUT LIMITATION TEXT, PHOTOS, VIDEO, GRAPHICS, OR OTHER IMAGES, CONTENT, VIEWS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPI AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE SERVICES AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.
Without limiting the foregoing, you are responsible for taking all necessary precautions to ensure that any Content or access to the Services is free of viruses or other harmful code.
- Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPI AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE SERVICES. IN NO EVENT SHALL EPI OR ANY OF ITS LICENSORS, SUPPLIERS OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF EPI ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE SERVICES SHALL NOT EXCEED FIFTY DOLLARS (U.S.).
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
- Age Restrictions
The Services are directed to persons 18 years of age or older. EPI and the Services do not knowingly collect information from children under age 18. If you are under age 13, you are not permitted to use the Services or to submit any personally identifiable information to the Services. If you provide information to EPI through the Services, you represent and warrant to EPI that you are 18 years of age or older. If you are 13 – 17 years of age, you may visit, browse and use the information on the Services, but you may not submit any personal information to the Services, and you represent and warrant to EPI that you have the permission of your parent or guardian to use the Services and any activities on the Services, and your parent or guardian agrees to these Terms on your behalf. If you are a parent or guardian and believe EPI may have inadvertently collected personal information from your child under age 18, please notify EPI immediately using the contact information provided.
- Dispute Resolution
Please read the following terms relating to the parties’ arbitration rights and obligations stated herein (the “Arbitration Terms”) carefully. It requires you to arbitrate disputes with EPI and limits the manner in which you can seek relief from us.
12.1 Applicability of Arbitration Terms. You and EPI agree that in the event of any dispute, claim or disagreement between you and EPI arising out of or in relation to: (a) your access to or use of the Services; or (b) any matters relating to privacy, collection or use of personal information, data breach, or any alleged violation of federal or state privacy or data breach statutes including but not limited to whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and whether arising out of or in relation to these Terms or any other agreement (individually, a “Claim” or “Dispute” and collectively, “Claims” or “Disputes”), such Claims or Disputes will be resolved exclusively by binding arbitration rather than in court, except that (1) you may assert Claims or seek relief in small claims court if your Claims qualify; and (2) you or EPI may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). These Arbitration Terms shall apply, without limitation, to all Claims that arose or were asserted either before or after the effective date of these Terms or any prior version of these Terms.
12.2 Arbitration Informal Dispute Resolution. Both parties acknowledge and agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Claim covered by this arbitration agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Claim must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to EPI that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to email@example.com or regular mail to EPI Limited Partnership, 1370 N. Brea Blvd., #216, Fullerton, CA 92705. Notice to you will be sent to your email address and/or street address that EPI has on file or associated to your EPI account profile. It is your responsibility to keep your contact information up to date. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of counsel, if any; and (3) a description of the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this arbitration agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Claim. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations, any filing fee deadlines or other deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section. A court shall have the authority to enjoin the filing or prosecution of arbitrations based on a failure to comply with this informal dispute resolution procedure. A party may raise non-compliance with this informal dispute resolution procedure in court and/or in connection with the arbitration.
12.3 Arbitration Rules and Forum. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of the Notice, you and EPI agree that either party shall have the right to finally resolve the Dispute through binding arbitration administered by JAMS. The Federal Arbitration Act governs the interpretation and enforcement of these Arbitration Terms. Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other Disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. Any arbitration of a Dispute relating to your access to or use of the Services, any products sold or distributed through the Services, primarily for personal, family or household purposes shall also be subject to the allocation of arbitration costs and other requirements of the JAMS Policy On Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness available at https://www.jamsadr.com/consumer-minimum-standards/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS arbitration rules.
12.4 Arbitration Procedure. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claim to: EPI Limited Partnership, 1370 N. Brea Blvd., #216, Fullerton, CA 92705 (the “Request”). A Request to you will be sent to your email address and/or street address that EPI has on file or associated to your account profile. It is your responsibility to keep your contact information up to date. The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; and (4) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
12.5 Selection and Authority of Arbitrator. All arbitrations shall be conducted before a single neutral arbitrator, who shall be licensed to practice law in the jurisdiction where the arbitration shall occur. If the parties are unable to agree upon an arbitrator, then JAMS will appoint the arbitrator in accordance with the applicable JAMS arbitration rules, provided that if the Batch Arbitration process in subsection 12.6 is triggered, JAMS will appoint the arbitrator for each batch. The arbitrator shall have exclusive authority to resolve any Dispute including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Terms, including the enforceability, revocability, scope, or validity of the Arbitration Terms, except for the following: (1) all Disputes arising out of or relating to subsection 12.8, including any claim that all or part of that subsection is unenforceable, illegal, void or voidable, or that such subsection has been breached, shall be decided by the courts indicated in subsection 12.11 and not by an arbitrator; (2) except as expressly contemplated in subsection 12.6, all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided by the courts indicated in subsection 12.11 and not by an arbitrator; and (4) all Disputes about which version of the arbitration agreement applies shall be decided only by the courts and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in subsection 12.6.
The arbitrator shall have the authority to grant motions dispositive of all or part of any Claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Terms). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. The decision rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction.
12.6 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and EPI agree that in the event that there are fifty (50) or more individual Claims of a substantially similar nature filed against EPI by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (1) administer the arbitration Claims in batches of 50 Claims per batch (plus, to the extent there are less than 50 Claims left over after the batching described above, a final batch consisting of the remaining Claims); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Claims are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by EPI. All parties agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Claims, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
12.8 Waiver of Class or Other Non-Individualized Relief. YOU AND EPI AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 12.6, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this arbitration agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under subsection 12.6.
Notwithstanding anything to the contrary in these Arbitration Terms, if a final decision, not subject to any further appeal or recourse, decides that the limitations of this subsection 12.8 are invalid or unenforceable as to a particular Claim or request for relief (such as a request for public injunctive relief), the parties agree that that particular Claim or request for relief (and only that particular Claim or request for relief) shall be severed from the arbitration and may be litigated in the courts described in subsection 12.11. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent the parties from participating in a class-wide settlement of claims.
12.9 Fees. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
12.11 Court actions. If for any reason a Claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Orange County, California (except for small claims court actions which may be brought in the county where you reside).
12.12 Severability. Except as provided in subsection 12.8, if any part or parts of these Arbitration Terms are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of these Arbitration Terms shall continue in full force and effect.
12.13 Geographic Location. The Services are controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. EPI does not represent that the Services or Content are appropriate outside the United States of America. EPI reserves the right to limit the availability of the Services to any person, geographic area or jurisdiction at any time in its sole discretion.
12.14 Future changes to Arbitration Terms. Notwithstanding any provision in these Terms to the contrary, we agree that if EPI makes any future material change to these Arbitration Terms, it will notify you. Unless you reject the change within thirty (30) days of such change become effective by sending an email to firstname.lastname@example.org or regular mail EPI Limited Partnership, 1370 N. Brea Blvd., #216, Fullerton, CA 92705, your continued use of the Services constitutes your acceptance of any such changes. Changes to these Arbitration Terms shall not apply to any claim that was filed in a legal proceeding against us or you prior to the effective date of the amendment. Changes to these Arbitration Terms do not provide you with a new opportunity to opt out of the Arbitration Terms if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to these Arbitration Terms, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any products sold or distributed through the Services, or these Terms, the provisions of these Arbitration Terms as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. EPI will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
- Force Majeure
EPI shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
- Indemnity of EPI
- Changes to These Terms
We may update these Terms from time to time to reflect changes in our data practices or legal requirements. We will notify you of any material changes to these Terms by posting the updated version on our Services or through other means. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.
- CTIA Compliance
Our services comply with CTIA guidelines. To report concerns or violations, contact us using the provided information.
- Contact Us
For questions or concerns about these Terms, please contact us at:
1370 N. Brea Blvd., #216
Fullerton, CA 92705