Epigraph, LLC
Terms of Use

The Site, including its text, audio, video, graphics, charts, photographs, interfaces, chatbots, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Epigraph or, as applicable, its vendors or licensors.  Except for the rights expressly granted to you in Article II – Use Rights, Epigraph reserves all other rights in and to the Site and Content, including all intellectual property rights.

You may only use the Site or Content for your personal, non-exclusive use, so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you (if any), and all applicable laws.  You may only use the Site and the Content for their intended purposes for which they are made available to you by Epigraph. Certain pages on the Site may be accessed only by use of an e-mail address, password or other code (collectively, “User IDs”). You are solely responsible for all uses of the Site with User IDs assigned to or selected by you, including uses by a third person you permit or authorize to use User IDs assigned to or selected by you. You agree to immediately notify Epigraph of any unauthorized use of User IDs assigned to or selected by you.

Epigraph owns certain trademarks, names, logos, insignia, or service marks (“Marks”).  You do not have the right to use any Marks except as expressly agreed to in writing by Epigraph.  In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners.  Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.

We may collect certain personal information about you and about your use of the Site as described in our Privacy Notice.

The Site and Content are protected by copyright, trademark, and other intellectual property laws.  Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Epigraph or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. 

In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

7.1 Your Use Restrictions: You make the following representations, warranties and covenants by accessing and/or using the Site:

7.1.1 You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without Epigraph’s prior written consent.

7.1.2You will not use the Site for unlawful purposes.

7.1.3You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.

7.1.4You will not engage in data mining or similar data gathering or extraction activities from the Site.  You will not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.

7.1.5You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

7.1.6You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.

7.1.7You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.

7.1.8You may not frame, mirror, or circumvent the navigational structure of any part of the Site.

7.1.9You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.

7.1.10You may not engage in any conduct while using the Site that Epigraph considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.

If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

Links to Epigraph’s social media pages (e.g. Facebook, X (formerly known as Twitter), LinkedIn, Instagram, and YouTube) may be included on the Site ("Social Media Pages").  Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Epigraph’s views.  We reserve the right to remove anything from our Social Media Pages, in our sole discretion.  We may also take steps to block users from access to our Social Media Pages who violate these Terms.  If we follow, like, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement by Epigraph of that third party or any service or company they represent. 

THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EPIGRAPH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. EPIGRAPH MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED.  EPIGRAPH DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT.  EPIGRAPH DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EPIGRAPH OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, “EPIGRAPH PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF AN EPIGRAPH PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
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YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT. 

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE EPIGRAPH PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. 

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE EPIGRAPH PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE.  WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).  

The Site may link to, or be linked to, websites not maintained or controlled by Epigraph.  Those links are provided as a convenience to the visitors of our Site.  Epigraph is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site.  Epigraph does not warrant or endorse any third-party website or any products or services made available through those websites.  When leaving the Site, it is the terms and privacy notice of that third party that govern your use of the third-party site (and such third-party's use of your personal information), not these Terms. 

The Site may also contain certain third-party Content.  We provide third-party content for your convenience, not as an endorsement.  The presence of third-party Content does not mean that Epigraph has reviewed the third-party Content or that there is any association between Epigraph and any third party.  You access third-party Content at your sole risk. Epigraph has no responsibility for any third-party Content.  Nothing in these Terms grants you any rights to any third-party Content.

You are prohibited from linking to the Site on your website or elsewhere without the prior express written consent of Epigraph.  If Epigraph grants you a right to link to the Site, certain terms may apply, and Epigraph reserves the right to revoke such consent at any time for or without cause.  You are responsible for any costs incurred by Epigraph in enforcing its rights under this Section.  

If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content.  Epigraph may suspend or terminate, the Site or any Content, in whole or in part, at any time in its sole discretion for any reason.  Epigraph shall not be liable to you or anyone else for any damages arising from or related to Epigraph’s suspension or termination of your access to the Site or the Content, or in the event Epigraph modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).

Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

Epigraph will cooperate with law enforcement if you are suspected of having violated applicable laws.  YOU WAIVE AND HOLD EPIGRAPH AND THE EPIGRAPH PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Missouri without reference to its conflicts or choice of law principles.

If any dispute, claim or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of these Terms (each a “Dispute”), arises between Epigraph and User, the party seeking remedy for the Dispute (the “Disputing Party”) shall send written notice to the other party (the “Non-Disputing Party”) within thirty (30) days of discovering the Dispute, outlining the nature and extent of the Dispute with reasonable supporting documentation. Representatives of the parties will use commercially reasonable efforts to promptly meet to discuss the Dispute. If the representatives of the parties do not resolve the Dispute, the parties agree to engage in mediation to resolve the Dispute. Mediation shall occur at a commercially reasonable location chosen by Epigraph and shall occur within sixty (60) days of the expiration of the timeframe allotted to the representatives to resolve the Dispute. Epigraph shall have the right to determine the mediator for the dispute, with such mediator to be selected from the member roster of the Missouri Academy of Mediators & Arbitrators. If the parties fail to resolve the Dispute following mediation, the Dispute shall be determined by final and binding arbitration administered by JAMS in Kansas City, Missouri before (a) one arbitrator if the amount of the claim(s) is less than One Million U.S. Dollars ($1,000,000); or (b) three (3) arbitrators if the amount of the claim is equal to or greater than One Million U.S. Dollars ($1,000,000), with Epigraph and User independently selecting one (1) arbitrator each, and both parties jointly selecting the third arbitrator. In event of arbitration, the arbitration shall proceed under the JAMS Streamlined Arbitration Rules and Procedures unless otherwise agreed to by both Epigraph and User. As part of its final award, the arbitration panel shall allocate all or part of the costs of the arbitration, including fees of the arbitrator(s) and reasonable attorney’s fees of the prevailing party, for payment by the non-prevailing party.

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms without our prior written consent.  These Terms inure to the benefit of Epigraph’s successors and assigns.

These Terms and any terms posted throughout the Site (if any) are the entire agreement between you and Epigraph with respect to your access to and use of the Site. 

Epigraph’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Epigraph. 

If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.  The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. 

These Terms and any other documentation, agreements, notices, or communications between you and Epigraph may be provided to you electronically to the extent permissible by law.  

Please direct any questions and concerns regarding these Terms to us at legal@epigraph.us.