Terms of Service
By using this
web site, you agree to be bound by the following terms and conditions
(the "Terms of Service"). Links to other web sites from this site are
developed by people over whom Epimedia, Inc. exercises no control. Epimedia,
Inc. assumes no responsibility for the content of any site linked to by
Epimedia, Inc.
Privacy Policy
Our Privacy Policy is listed here.
Changes In Terms and Conditions
We reserve the right to modify these Terms of Service from time to time
without notice. Any changes will be listed here.
Disclaimer of Warranties
THE CONTENT OF THIS WEB SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS
AND SERVICES INCLUDED IN THE EPIMEDIA, INC. SERVICES ARE PROVIDED "AS
IS," WITH NO WARRANTIES WHATSOEVER. EPIMEDIA, INC. EXPRESSLY DISCLAIMS
TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS. EPIMEDIA, INC. DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF ITS SERVICES. YOU UNDERSTAND
AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH
THE USE OF THE EPIMEDIA, INC. SERVICES AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU
MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION
TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EPIMEDIA, INC. BE LIABLE TO ANY USER ON ACCOUNT
OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE EPIMEDIA, INC. SERVICES.
SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES WHETHER A CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, (EVEN IF EPIMEDIA, INC. HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE EPIMEDIA,
INC. SERVICES, FROM INABILITY TO USE THE EPIMEDIA, INC. SERVICES, OR FROM
THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE EPIMEDIA, INC. SERVICES
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Epimedia, Inc. be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance
with the laws of the State of New Mexico, without giving effect to its
conflict of laws or provisions of your actual state or country of residence.
If for any reason a court of competent jurisdiction finds any provision
or portion of the Terms of Service to be unenforceable, the remainder
of the Terms of Service will continue in full force and effect. These
Terms of Service constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior
or contemporaneous understandings or agreements, written or oral, regarding
such subject matter. Any waiver of any provision of the Terms of Service
will be effective only if in writing and signed by Epimedia, Inc.