Terms of Use

1. Service Account Creation and Use of Epic Earth. To create your Epic Earth account (referred to as a “Service Account”), you must provide certain personal information, which you agree will be current and accurate. You agree not to share your password or your Service Account with others.

2. Acceptable Use. You will not use Epic Earth to:

• Transmit or display any individually identifiable health information;
• Post, transmit or display any material or information that:
  • is false, disparaging, obscene, harassing, or otherwise objectionable in Epic’s discretion;
  • violates or infringes the intellectual property rights of any party;
  • contains any malicious code or automated use of Epic Earth, any component that inhibits any other user's use or enjoyment of Epic Earth, or disables or disrupts Epic Earth or any equipment or software connected to Epic Earth;
  • contains misleading indications of the origin of any content transmitted to Epic Earth;
  • solicits personnel recruitment or constitutes advertising, junk mail or any form of solicitation; or
  • promotes or commits conduct that may violate any law or regulation or result in liability;
• Use or attempt to use another user's account or password, except as expressly permitted;
• Solicit or collect personal data about other users, including contact information or names; or
• Disassemble, decompile or reverse engineer any software that is a part of Epic Earth except to the extent such activity is expressly permitted by applicable law.

3. Third-Party Web Sites. For your convenience, Epic Earth contains certain links that will redirect you to web sites operated by other organizations (“Third-Party Web Sites”). Your use of Third-Party Web Sites is strictly at your own risk and Epic does not endorse the material found on such sites.

4. Changes to this Agreement and Rights to Change or Discontinue Epic Earth or Your Use. Epic may change these TOU at any time by posting a subsequent version on Epic Earth. You are responsible for periodically reviewing these TOU and to discontinue your Service Account and Epic Earth use if you do not agree to any such changes. Your continued use of Epic Earth following such changes constitutes your acceptance of the new TOU, regardless of whether Epic notified you of the changes.

You agree that Epic may cease providing Epic Earth or make any changes to Epic Earth features and functionality at any time and without prior notice to you. You also agree that Epic may terminate your access to Epic Earth and your Service Account without prior notice to you for any reason that Epic deems appropriate. If at any time you want to stop using Epic Earth, delete your Service Account, and terminate your agreement to these TOU, you may do so.

5. Confidentiality and Intellectual Property Rights. The information available through Epic Earth includes confidential information and trade secrets of Epic. You agree not to disclose or use such confidential information other than as appropriate in connection with your organization’s proper use of licensed Epic software for its intended purpose.

Except for any non-Epic information you provide when creating and using your Service Account, Epic owns the content and all software contained in or underlying Epic Earth. The Epic-owned content and software is protected by U.S. and international copyright law and conventions and other laws protecting intellectual property.

6. Warranty Disclaimers. Epic provides Epic Earth to you free of charge and for your convenience. Epic Earth AND THE CONTENT, MATERIALS AND INFORMATION AVAILABLE ON EPIC EARTH ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EPIC SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. Although Epic uses data integrity and secure Internet connection technology that are generally regarded to be reliable, you acknowledge that no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. The transfer of data and information over the Internet using Epic Earth is beyond the control of Epic. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF EPIC EARTH, INCLUDING WITHOUT LIMITATION ANY SUCH OCCURRENCE THAT MIGHT RESULT FROM VIRUSES, MALWARE, SPYWARE OR OTHER MALICIOUS SOFTWARE WHETHER SUCH MALICIOUS SOFTWARE RESIDES ON YOUR COMPUTER OR EPIC EARTH.

7. Limitation of Epic’s Liability. EXCEPT AS EXPRESSLY PROVIDED BELOW, EPIC WILL NOT BE LIABLE TO YOU FOR ANY LOSS (TANGIBLE OR INTANGIBLE) OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO EPIC’S OPERATION OF EPIC EARTH OR YOUR USE OF EPIC EARTH. UNDER NO CIRCUMSTANCES SHALL EPIC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF HOW THE DAMAGES ARE INCURRED OR THE THEORY OF LIABILITY, INCLUDING CLAIMS BASED UPON ALLEGED NEGLIGENCE BY EPIC. THE LIMITATIONS ON EPIC’S LIABILITY APPLY REGARDLESS OF WHETHER EPIC HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY THAT SUCH LOSSES OR DAMAGES MAY OCCUR.

The only damages recoverable by you under this agreement are direct damages up to the amount of money you have paid Epic for Epic Earth use in the 12 months preceding the event giving rise to direct damages. Currently, Epic provides Epic Earth for free, so you understand that unless Epic later charges for Epic Earth use (and you pay Epic for use prior to an event giving rise to direct damages), you are unable to recover from Epic even direct damages that might arise from Epic’s operation of or your use of Epic Earth. The limitations on Epic’s liability in this agreement apply even if the remedy available to you fails of its essential purpose or does not fully compensate you for any losses.

If any provision in this agreement limiting Epic’s potential liability is determined to be unenforceable by a court or other authority with jurisdiction to decide the matter, such determination shall not preclude the application of other, enforceable limits that would preclude or limit the same liability, and to the extent any liability against Epic might exist because of such a determination, that liability shall be capped at the lesser of: (i) $100 in total or (ii) the actual amount of the damages determined to be recoverable.

8. Indemnification of Epic by You. You agree to defend, indemnify and hold Epic harmless from any third-party claims arising out of or related to your use of Epic Earth.

9. Governing Law and Jurisdiction. This agreement shall be governed by and construed under the laws of the State of Wisconsin, without regard to that State’s conflict of laws principles. You agree that the state and federal courts located in Dane County, Wisconsin shall have exclusive jurisdiction over any claim or action under this agreement or related in any way to Epic’s operation or your use of Epic Earth, and you agree to submit to the personal jurisdiction of such courts. Notwithstanding the foregoing, you agree that Epic may seek injunctive remedies (or equivalent legal relief) against you in any jurisdiction with regard to any breach by you of the terms of this agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement or your use of Epic Earth.

10. Survival of Terms and Severability. If Epic chooses to discontinue Epic Earth or your use thereof, or you choose to discontinue your use of Epic Earth and delete your Service Account, then this agreement and your right to use Epic Earth terminate, but Sections 5 through 11 will continue in effect after termination of this agreement. All provisions of this agreement are intended to apply to the maximum extent permitted by law. If any provision (or part thereof) is held to be invalid or unenforceable by any proper court or authority, then such provision (or part) will be deemed removed from the agreement, but all other terms and conditions will remain in full force and effect. You agree that any provision (or part) so removed shall be replaced with a provision designed to achieve a result as near as possible to that of the provision (or part) so removed to the maximum extent permitted by law.

11. Entire Agreement. This agreement constitutes the entire agreement between you and Epic regarding Epic Earth and supersedes all prior agreements, representations or understandings respecting Epic Earth. Nobody, including any representative of Epic, is authorized to make any changes or modifications to the terms of this agreement other than changes that are instituted through the authorized posting of subsequent versions of this agreement on Epic Earth. You are not entitled to act or rely on any representations to the contrary. A failure by Epic to enforce any provision of this agreement, or a waiver by Epic of any breach of this agreement, shall not act as a bar to subsequent enforcement of such provision or be deemed a waiver of any subsequent breach.