Terms and Conditions
Welcome to Epikast's website.
These Terms of Use ("Terms of Use") are issued by Epikast, Inc. and branches of Epikast, Inc. (the "Company", "Epikast, Inc.", "Epikast", "we", "our") in relation to the use of our website as digital content for use by internal and external users ("our website"). Our website facilitates the provision of general content describing the Company and our service offerings prepared by or under the direction of, unless otherwise indicated, the Company.
Our website is for the use of the employees ("Employees"), prospective employees, and present/prospective clients ("Clients") off the Company and to other parties ("Partners"), subject to the Terms of Use set forth herein. Employees, Prospective Employees, Clients, Partners and any other person accessing our website shall be collectively referred to as Participants.
Our website and the content provided therewith is made available to Participants by the Company. These Terms of Use describe the basis on which Our website is made available to Participants. In consideration for the permission granted by Epikast to use our website, Participants hereby agree and acknowledge that their use of our website shall be strictly in accordance with and governed by these Terms of Use and all applicable laws and regulations. These Terms of Use shall be valid between you and Epikast, Inc. and shall come into effect when the Participant uses and/or accesses any content on our website. If any Participant does not agree with any of the terms set forth herein, such Participant should immediately cease any attempt to access or use our website.
Please see our Privacy Notice for information about how personal data is processed in connection with our website.
1. General Terms of Use
Use of our website is solely at Epikast's discretion. Epikast may, if necessary or appropriate, and to the extent permitted by applicable law, prohibit anyone from accessing, using or downloading any information from our website, or permitting or causing one or more other persons to do so. Participants are not granted any rights in or to our website or any part thereof, other than the limited rights to access and use our website provided under the Terms of Use. All rights not expressly granted to Participants in the Terms of Use are reserved and retained by Epikast. Participants shall comply with all applicable laws (including, without limitation, laws relating to intellectual property or data privacy) when using our website.
2. Login Credentials
General Participants using the publicly available sections of our website are not required to access or use our website using login credentials. Some sections may require the creation of a password and login credentials (e.g., careers section). Participants agree to keep their login credentials confidential and not to disclose their login credentials to any other person. If a Participant is authorized by Epikast to be an administrator of a service hosted on our website, then the Participant may provide other persons in its organization with access to or use of our website and shall inform Epikast when any person's authorization to access or use our website should be revoked.
If the Participant's username or password is lost or stolen, or if the Participant believes that their account has been accessed by unauthorized parties, the Participant must promptly change their password and/or notify Epikast through the contact information provided.
3. Guidelines for Use of Epikast Website Resources
Our website contains online resources (the "Resources") which constitute the work product of Epikast. These Resources should be viewed as overall guidance on the services provided by Epikast. Participants should review the Resources and understand that, by accepting these Terms of Use, you agree that you will contact Epikast if you have any questions about the Resources.
Because the Resources are generic and are not based on a particular Client’s situation/transaction/circumstance, the information contained in the Resources must not be considered legal advice or a complete offering or pitch to a specific client. Rather, the information should be used to gain a general understanding or the services offered. Should you wish to sell, license or otherwise provide Resource content to a client or use it as marketing material, you may not do so absent Epikast's prior written consent.
4. Handling Content
Protected areas of our website contain content that may be confidential, privileged or proprietary to Epikast or its Clients. Our website Participants shall take all reasonable measures to protect the confidentiality of such content and care must be taken to check for and remove any client or matter specific content before using materials for another purpose. Our website Participants shall not disclose, share, leak, destroy, sell, lease, publish, alter, remove or use any content, or cause or permit one or more other persons to do so except where specifically authorized by the party that holds the proprietary rights to, or rights to the confidential or privileged treatment of, the content.
5. Administration
Epikast has no duty or obligation under the Terms of Use to monitor, correct, remove or take any action in respect of any content uploaded to Our website by a Participant. Epikast does not endorse or exercise any editorial review in respect of any content uploaded to our website by a Participant. Epikast may take any action with respect to any content uploaded to Our website that is necessary or appropriate, including but not limited to the removal or deletion of such content. Participants agree to promptly report to Epikast any suspicious or unauthorized access to or use of our website. Epikast reserves the right to monitor all activity on our website and may notify the appropriate parties if any suspicious activity is detected.
6. Disclaimer and Limitation of Liability
Epikast accepts no responsibility for the content of our website and/or any loss incurred as a result of you using our website and/or the information contained on our website. All information provided on Our website is for general information purposes only, and should not be relied upon without receiving legal advice. It does not purport to be comprehensive or provide business direction, strategy or other advice. Professional legal advice should be sought from Participant’s legal counsel where required.
Epikast accepts no responsibility for any loss which may arise from reliance on information contained on our website; or for any interruption, suspension termination or delay in the transmission of content or information from our website for whatever reason; or for any computer viruses or other destructive programs encountered as a result of using our website. The information, software, products, and services published on our website may include inaccuracies or typographical errors. Changes are periodically made to the information on this Website.
Epikast makes no representations about the suitability of the information and services contained on Our website for any purpose.
Epikast is not liable for any loss or damage arising from any allegation, suit, claim, or other proceeding based on the allegation that the use of our website and/or the content thereof infringes copyright, patent, trademark or any other intellectual property rights or contractual rights of any third party.
Each Participant is the sole user of their personal identification code and password, and is responsible for the security and use of their user identification and password. Participants will generally be asked to change their password every ninety days. Each user agrees to keep such information private and not assign, transfer, resell or share such information with any third party. Failure to comply may result in denial of access to Our website.
You agree to indemnify, defend and hold Epikast harmless from and against any and all suits, losses, claims, demands, liabilities, costs and expenses that it may sustain or incur, arising from your use of our website. References to Epikast in this context, shall include its employees, agents, affiliates, successors, officers and assigns.
7. Links to other Internet Sites
Participants agree that they are solely responsible for their interactions with external websites and third parties to which our website provides access (such as by clicking on a link). The Terms of Use and our website Privacy Notice apply only to our website and do not apply to other portions of Epikast's internal network or to any external websites. Epikast shall not be responsible for third parties' information practices. Epikast provides links as a convenience, and such inclusion of any link does not suggest endorsement of the site or its content.
8. Intellectual Property
Knowhow content on our website and all associated work product is the exclusive property of the Company and you must not copy or remove such content for personal use.
All content included on or through our website is the property of Epikast and protected by applicable national and international copyright laws, trademark laws, patent laws, and other intellectual property laws, as applicable. Such content includes but is not limited to text, graphics, logos, button icons, images, data compilations, systems, processes and applications.
9. Waiver
No delay or omission by any party in exercising any right under these Terms of Use with respect to any of the provisions of these Terms of Use shall impair any such right or be construed to be a waiver of any such right.
Epikast and Participants expressly agree to waive and set aside their respective rights and obligations under any applicable law in the event of any termination of these Terms of Use to the extent that such law requires any judicial pronouncement for the termination of these Terms of Use.
10. Contact Us
Inquiries regarding any content or service made available on Our website may be made using the 'Contact us' section of the Company's website.
11. Governing Law/Jurisdiction
Without prejudice to any mandatory provisions of applicable law which cannot be excluded or restricted as a matter of law:
a. These Terms of Use shall be governed and construed under the laws of the State of New York without regard to conflicts of law provisions.
b. Any suit or arising out of or relating to these Terms of Use will be brought in the federal or state courts, as applicable, in the State of New York and each party irrevocably submits to the jurisdiction and venue of such courts.
c. The parties expressly exclude the application of: (i) the Uniform Computer Information Transactions Act; and (ii) the UN Convention on Contracts for the International Sale of Goods (in each case as amended, consolidated or repealed from time to time).