Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions or colors, or other content, set forth or available on the Website are accurate, complete, reliable, current, or error-free.
You agree to use the information that is available on our Sites only for your own personal use. You may not make any commercial or other unauthorized use of our interactive features. Users may not engage in any conduct or action that is prohibited by law or violates any federal, state or local laws.
Users of our Sites agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Users agree not to upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized materials, including spam or chain letters, or any material that contains software viruses or any other computer files or programs intended to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise disrupt the servers or networks connected to our Sites.
Restrictions on Use of Materials
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, video, design, graphics or other material contained in this Web site (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not copy, reproduce, distribute or create derivative works from this Content or otherwise use, transmit, rebroadcast, publish, or distribute in any form this Content without Epoca’s prior, written consent. However, except when noted on our Sites, you may download or duplicate one copy of such Content for personal use only, provided you:
• Keep all copyright and other proprietary notices on every copy you make.
• Understand that we are not transferring ownership of the Content directly or by implication, nor are we granting any license or right to our trademarks, tradenames, or copyrights or other intellectual property, nor to the intellectual property of any other party.
Using any of our Content for a commercial purpose-without our express written consent-violates our and our affiliates’ copyrights and other proprietary rights.
This Web site contains names, logos and marks which are proprietary to Epoca Inc or third parties. All intellectual property rights contained in this Web site are reserved and their use or misuse is strictly prohibited. You agree that nothing contained on this Web site shall be construed as granting any license or right to use any Epoca or third party intellectual property.
Certain portions of the web site permit you to post or upload comments, suggestions, graphics, ideas (including product and advertising ideas), and other information, materials, or content created by you (collectively, "User Submissions").
Pricing and Product Availability
We cannot confirm the price of an item until your order is processed. We do not charge your credit card until your order enters the shipping process. If the correct price of a product is lower than the stated price, we will charge the lower amount to your credit card upon shipment. If the correct price of a product is higher than the stated price, we will either contact you for instructions before fulfilling your order, or we will cancel your order and notify you of such cancellation.
Shipping and delivery dates are based upon the availability and the shipping options you choose. Once your order is placed, we will provide both shipping and delivery date estimates, as well as a tracking number, in the order confirmation e-mail.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EPOCA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF EPOCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New Jersey, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New Jersey. Any dispute relating in any way to your visit to or use of the Website shall be submitted to confidential arbitration in New Jersey, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to or consolidated with an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree, at your own expense, to indemnify, defend and hold harmless Epoca, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of a breach by you of this Agreement or in connection with your use of this Web site or any product or service related thereto.
This Agreement and the relationship between you and Epoca will be governed by and construed in accordance with the laws of the state of New Jersey, without regard to conflicts of laws principles. Any controversy or claim arising out of or relating to this Agreement or relating to use of this Web site and the material contained in this Web site will be resolved exclusively in the state or federal courts located in New Jersey.
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.