Effective October 15, 2004
Terms of Service - Epiphany - LLC

 



 


Terms Of Service


 

Welcome to Epiphany's website (the "Site") owned and operated by Epiphany I, LLC ("Epiphany-LLC.com"). The Site provides valuable information, guidance and business-development tools to small business owners through a combination of free, subscription-based and paid-for-value-added-services (collectively, the "Services"). This agreement ("Site Terms") governs your use of the Site and the Services. By accessing the Site, or by affirmatively assenting to the Site Terms, you agree to be bound by them. In addition, if particular guidelines are posted in association with a particular Service, you agree to be bound by those guidelines as well.

We reserve the right to change, modify or terminate any of the terms and conditions at any time and in our sole discretion. If we decide to change our Site Terms or any guideline, we will post a new version and update the posted date. Therefore, we encourage you to check the date of our Site Terms and any guidelines whenever you visit the Site to check if the Site Terms have been updated. Your use of this Site following the posting of its changes or modifications will constitute your acceptance of the revised Site Terms.

If you do not agree to these Site Terms (including any guidelines) as modified from time to time, you are prohibited from accessing or otherwise using the Services or the Site.


 

  1. SERVICES PROVIDED
    The Services include a rich collection of resources including information services, searchable databases, event calendars, opinions, educational seminars, business planning tools and forums.

     

  2. PRIVACY
    Epiphany-LLC.com is committed to protecting your privacy. We will use the information you provide us as described in our privacy statement. For the most current version of the Epiphany-LLC.com Privacy Statement visit: 

    http://www.epiphany-llc.com/privacy_policy.html

     

  3. PROHIBITED USES OF THE SERVICES
    As a condition of your use of the Site, you agree not to use the Services to gain unauthorized access to any computer system, to upload or distribute any files that contain viruses or corrupted files or to perform any act that may damage the operation of any  Epiphany system. You also agree not to "frame" the Site or any portion of the Site, create any derivative work of the Services, or reverse assemble, reverse engineer, decompile or attempt to derive the source code for the Services.

     

  4. SUBSCRIPTION SERVICES
    Before gaining access to certain Services, we may require that you register and subscribe for the Service. You agree to complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. As part of the registration process you may choose a username and password or be provided an access code. You acknowledge that you are responsible for the confidentiality of your username, password, and access code and for any unauthorized use of your account. In the event the confidentiality of the username, password or access code is breached, you will be liable for any damages. Please report any breach of security to Epiphany-LLC.com by sending an email to info@epiphany-llc.com.

     

  5. COMMUNICATION SERVICES INCLUDING THE FORUM
    Some Services may allow you to communicate with others through a forum, email or other communication service ("Communication Service"). You understand that all information, text and other materials ("Content") distributed through any Communication Service is the responsibility of the person who sent or uploaded the Content. Epiphany does not control the Content, does not guarantee its accuracy, integrity, quality or relevance and is not liable for any of your acts and omissions related to any Communication Service or Content. You understand that you may be exposed to Content that is offensive, indecent or objectionable. As a subscriber, you also agree that you will not engage in any of the following prohibited activities:
    (a) creation or distribution of any offensive, threatening, harassing, hate-oriented, harmful, defamatory, racist, pornographic, obscene or otherwise objectionable material or content

    (b) creation or distribution of any material that: (i) infringes any copyright, trademark, trade secret, database, patent or intellectual property right, (ii) violates any right of privacy, publicity or any other third-party right, (iii) breaches any contract or (iv) violates any law

    (c) creation or distribution of materials, including instructional information, associated with activities that are illegal or promote physical harm or injury to any individual or group

    (d) use of the Services to distribute any technical data and other material that are prohibited for export by law including the U.S. Export Administration Act

    (e) use of the Service in a manner that falsifies your identity

    (f) use of the Service in a manner that violates anti-spamming laws including distribution of emails to individuals who have not consented to receiving communications from you

    (g) use of the Service to engage in deceptive or unfair trade practices including "spoofing" and "pretexting"

    (h) distribution of emails or surveys to children in violation of any federal, state, local or foreign law including the Children's Online Privacy Protection Act.



    When posting or distributing information through any Communication Service, please be aware that the information you post is made available to other members of the Communication Service and, therefore, is not protected by the Epiphany privacy policy. Accordingly, be careful about the personally identifiable information about you or your family you post or distribute. To the extent that any Communication Service is moderated or has a facilitator, the moderator or facilitator is not authorized by Epiphany and does not represent the views of Epiphany-llc.com.

    Epiphany does not claim ownership of any materials you post or distribute through any public area of any Communication Service. However, when you post or distribute any material through a public area, you grant Epiphany a license to copy, distribute, transmit, publicly display, publicly perform, edit, translate and reformat your materials, to publish your name in connection with your submission and the right to sublicense others the right to do the same.

    WITHOUT ACCEPTING THE OBLIGATION TO DO SO, Epiphany RESERVES THE RIGHT TO REVIEW MATERIALS DISTRIBUTED THROUGH ANY COMMUNICATION SERVICE AND TO REMOVE ANY MATERIALS IN ITS SOLE DISCRETION. ANY BREACH BY YOU OF AN OBLIGATION UNDER THIS PARAGRAPH IS A MATERIAL BREACH AND Epiphany RESERVES THE RIGHT TO TERMINATE YOUR USE OF THE SERVICES. Epiphany MAY REPORT SUSPICIOUS CONDUCT AND DISCLOSE INFORMATION TO THE APPROPRIATE AUTHORITIES.

     

  6. PAY-FOR-SERVICES
    Some Services (e.g., seminars and other educational training) may be offered to you in exchange for a fee. If you elect to purchase any Service, you warrant that all the information you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all fees and taxes. Unless otherwise indicated, any Service you purchase is personal to you and may not be transferred to anyone else. All fees are non-refundable unless the price plan terms or any law expressly says otherwise. The costs of any refunds, if permitted, will be at your expense.

     

  7. LINKS
    The Site contains links to other websites and sometimes services provided by other entities. Epiphany has no control over such sites and services and is not liable for any content, advertising or other material found on these linked sites. You agree that Epiphany is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused with your use or reliance of any content, goods or services available through any linked site or service.

     

  8. NOT PROFESSIONAL ADVICE
    The information appearing in any Service is intended solely as general guidance and does not constitute legal, tax, accounting or other professional advice. Epiphany encourages you to seek appropriate advice from qualified professionals.

     

  9. DISCLAIMER OF WARRANTIES
    THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY CONTENT, MATERIAL AND/OR DATA OBTAINED OR DOWNLOADED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY SUCH MATERIAL OR DATA INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM(S).

    Epiphany EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT.

    YOU ARE SOLELY RESPONSIBLE TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION OR CONTENT FOUND IN THE SERVICES, ON THE SITE OR IN ANY LINKED SITES AND SERVICES. Epiphany DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF THE SERVICES AND DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION RELATED TO THE SITE, SERVICES AND ANY LINKED SITES AND SERVICES. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

     

  10. LIMITATION OF LIABILITY
    Epiphany's LIABILITY FOR DAMAGES UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT MONETARY DAMAGES, AND THE AGGREGATE AMOUNT OF SUCH DAMAGES WILL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE AGGREGATE FEES PAID BY YOU RELATED TO THE INDIVIDUAL SERVICE THAT GAVE RISE TO THE DAMAGE. IN NO EVENT WILL Epiphany BE LIABLE FOR PROCUREMENT OF SUBSTITUTE SERVICES OR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUE, OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT Epiphany HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY AND THAT THE SAME FORM AN ESSENTIAL BASIS FOR THE BARGAIN BETWEEN THE PARTIES.

     

  11. CONFIDENTIAL INFORMATION
    In providing any Service to you, Epiphany may provide you with information marked "Confidential Information" of "Proprietary Information" (collectively, "Epiphany Confidential Information"). You agree to hold Epiphany-LLC Confidential Information in confidence for the term of this agreement and for a period of five years after termination of this Agreement. You agree that you will not make Epiphany's Confidential Information available in any form to any third-party or use Epiphany's Confidential Information for any purpose other than for the purpose provided by Epiphany-LLC. If you are required by law to disclose any Epiphany Confidential Information, you will promptly provide Epiphany notice of your intent to comply with the law and provide all reasonable cooperation in minimizing the disclosure. In the event that you become aware of an unauthorized use or disclosure of any Epiphany Confidential Information, you will promptly inform Epiphany-LLC and provide reasonable assistance in the investigation or prosecution of any such unauthorized use or disclosure.

    PROPRIETARY RIGHTS: Except as otherwise provided in paragraph 5, Epiphany owns all rights, title and interests in the Services and the Site. "Epiphany-LLC" and trademarks or registered trademarks of Epiphany-LLC You may not copy, reproduce, transmit, post, distribute or create derivative works from the Services for any commercial purpose without the prior express authorization of Epiphany-LLC In the event you copy, reproduce, transmit, post, distribute or create derivative works of the Services as a fair use, you agree not to remove, and agree to post, all copyright and trademark notices.

     

  12. COPYRIGHTS AND COPYRIGHT AGENTS
    Epiphany-LLC respects the intellectual property rights of others and expects that you will do the same. You acknowledge that Epiphany-LLC has registered a designated agent with the U.S. Copyright Office in compliance with the Digital Millennium Copyright Act (the "DMCA") for the purpose of receiving notification and requests for taking down any material that infringes a third-party copyright. You hereby waive liability of any kind associated with any Epiphany-LLC  activity taken in good faith to comply with the DMCA. In the event that you believe any material contained in the Services has infringed your copyrighted work, please provide Epiphany-LLC'S Copyright Agent the following information:
     
    1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

    2.a description of the copyrighted work or other intellectual property that you claim has been infringed;

    3.a description of where the material that you claim is infringing is located on the site;

    4.your address, telephone number, and email address;

    5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and

    6.a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    Epiphany-LLC 's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:


    Epiphany-llc.com

    Attn: DMCA ISSUES

    2400 Arrowhead Drive

    Carson City, NV, 89706


    You agree to defend, indemnify and hold harmless Epiphany-llc.com, its subsidiaries, affiliates, officers, and employees, from any and all claims, demands and damages (including reasonable attorneys' fees), due to or arising out of this Agreement including: (a) any of your acts or omissions related to the Services and (b) any breach by you of any representation, warranty, covenant or obligation under these Site Terms.

     

  13. TERMINATION
    You agree that
    Epiphany may terminate your password or use of any Service(s) for any reason without notice. Further, you agree that Epiphany-LLC.com will not be liable to you or any third-party for any termination of Services.

     

  14. FORCE MAJEURE
    Epiphany-llc.com will not be liable for any delay or failure under these Site Terms if such delay or failure is due to any cause beyond the control of Epiphany-llc.com, including, without limitation, restrictions of law or regulations, labor disputes, acts of God, insufficient or inadequate customer bandwidth or technology, general Internet brown-outs, black-outs or slowdowns, emergency and ordinary maintenance of the Site, any "hacking" or any "denial of service" activity.

     

  15. JURISDICTION
    The Site Terms will be treated as an agreement entered into and executed in the State of Nevada by Nevada residents and will be governed and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. Both
    Epiphany and you agree to submit to personal and exclusive jurisdiction and venue of the courts in Carson City, Nevada. You agree that in the event of any dispute between Epiphany and you, you will resolve the dispute directly with Epiphany and will not join any class action suit.

     

  16. MISCELLANEOUS
    The Site Terms are the entire and only agreement between the parties regarding these matters and supersedes any other understandings, representations or warranties. In the event Epiphany-llc.com incurs any collection costs associated with any Site Term fees, you agree to reimburse Epiphany-llc.com for such collection costs including reasonable attorneys' fees. The failure by Epiphany-llc.com to enforce any right or provision of the Agreement will not constitute a waiver of that provision or any other provision of the Agreement. If any provision of the Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the provision shall be interpreted as closely as possible to the intent of the parties as is legally permitted or enforceable and all other provisions of the Agreement will remain in full force and effect.


 

 

info@epiphany-llc.com    © 2004 Epiphany-llc.com


 

 


 

Our Privacy Policy


Welcome to the Epiphany-LLC website (the "Site") owned and operated by Epiphany I, LLC, ("Epiphany"). The Site provides valuable information, guidance and business-development tools to small business owners through a combination of free, subscription-based and paid-for-value-added-services and consultations.

This privacy policy explains how we collect, use and protect the information we gather about you and from you. The policy applies only to information collected on the Site and to services we currently offer on the Site. When we offer a new service, we may revise the policy to reflect our collection and usage policies for the new service. Accordingly, please check this page when using a new service. For your safety we make clear upfront that this policy does not protect information posted in the forum section of the Site or for information provided to linked sites or services. When posting or distributing information through the forum, please be aware that the information is made available to other forum members. Accordingly, be careful about the personally identifiable information about you or your family you post or distribute. Information provided to any linked site or service is governed by the linked site's terms of service and privacy policy, not Epiphany's.

If you have questions about this privacy policy please email, info@epiphany-llc.com.  


  1. What Information do we collect?
    At Epiphany, we believe that your privacy is important and therefore, we only collect personalized information about you that you knowingly provide. When you enter an area of the Site that is restricted to registered members, like our chat or forum, you create a personalized user name and password and provide us a valid email address. You may also provide us with your name, business name, street address, phone number, email address and fax number, the same information you provide when you become a member of our mailing list or subscribe to our newsletter. To better understand your needs, on occasion, we conduct surveys either through the Site or a service. In such surveys, we collect only your responses to our questions and the date, if any, that you responded to the survey. You may be able to respond to any survey anonymously. In addition to the personal information you knowingly provide us, we also collect information in a non-personalized, aggregated manner. To help our technical folks keep our Site running smoothly, we log the websites from which our visitors come and the websites to which they go. We track a visitor's session so that we know what pages of the Site a visitor views, how the user gets there and to ensure that a visitor does not need to insert a username and password as s/he moves from page to page or section to section. We track a visitor's movement with the use of a session cookie that is programmed to delete itself when the browser is closed. We do not use permanent cookies, web beacons or other technology that would allow us to track your use of the Internet beyond our Site.

     
  2. How Do We Use the Information?
    We use your personal information solely for your benefit. We may send you a newsletter or information about new classes, products or services that we are offering through the Site. In addition, we may send you information about products or services or news bulletins from one of our partners or other small business service providers and strategic partners.

     
  3. With Whom Do We Share Information?
    We do not share the Information with any third parties except under very limited circumstances. We may share information if you explicitly ask us. For example, you may ask that we pass along your contact information to a partner offering specialized consulting services. We may share some of your information with trusted partners who provide us with technical and other type of services but only where they will be obligated to use the information exclusively to provide the services. We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share your Information to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law. We may share personal information with our affiliated companies or during any real or potential acquisition or merger of our company. We will notify you if your information becomes subject to a different privacy policy.

     
  4. Can the Information be Changed?
    Your personalized information may be viewed and modified in our active database in real-time at any time. The changed Information may remain in archives and records for some period of time.

     
  5. How Is Information Protected?
    Our Site has substantial security measures in place to protect your Information. The Site is hosted in a secure server environment that uses a firewall and other technology to reasonably prevent access from outside intruders. Internally, we train our employees in the handling of your information and limit access to only essential personnel. All our technology and processes are not, however, guarantees of security. Please keep your user name and password secret and let us know at
    info@epiphany-llc.com if you learn or suspect that our security has been breached.

     
  6. Changes in the Privacy Policy.
    As we are constantly improving our services and expanding our business, we retain the right to modify this privacy policy at any time. In the event we make such changes, we will announce the changes and post the new policy on the Site. Information collected after the new policy is posted will be used in conformance with the new policy. Information gathered under the old policy will continue to be used in conformance with that policy unless you do not prohibit the use of the Information in conformance with the new policy.

     

    info@epiphany-llc.com    © 2004 epiphany-llc.com


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