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Welcome to the website of Epok, Inc. (“Site”). By using the Site, you agree to follow and be bound by the following terms (“Terms”). We may revise these Terms of Use at any time without notice to you.
1. Use of Content on the Site. You may download, view, copy and print content, white papers, data sheets and other documents and graphics incorporated in these documents (“Content”) from the Site subject to the following: (a) the Content may be used solely for personal, informational, noncommercial purposes; and (b) the Content may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Site in whole or in part without the express written authorization of Epok. 2. Third Party Websites, Content, Products and Services. The Site provides links to websites and access to content, products and services from third parties. You agree that Epok is not responsible for the availability of, and content provided on, third party websites, including opinions, advice, statements and advertisements, and understand that you bear the risk of using such content. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Epok is not responsible for any loss or damage of any sort you may incur from dealing with any third party. 3. Disclaimer. THE SITE, AND ALL CONTENT PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EPOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. EPOK MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTTED, TIMELY, SECURE OR ERROR-FREE BASIS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY CONTENT OBTAINED ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. CONTENT OBTAINED ON OR THROUGH THE SITE IS USED BY YOU ENTIRELY AT YOUR OWN RISK AND EPOK HAS NO RESPONSIBILITY FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF OR ACCESS TO ANY CONTENT ON THE SITE. EPOK FURTHER RESERVES THE RIGHT TO MAKE CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE. 4. Limitation of Liability. IN NO EVENT SHALL EPOK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONRACT OR TORT, ARISING FROM YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT. 5. Indemnity. You agree to defend, indemnify and hold harmless Epok, Inc., its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses and/or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site or the Content. 6. Export Restrictions/Legal Compliance. You may not access, download, use or export the Site or the Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any U.S. or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Content in violation of any such restrictions, laws or regulations, or without all necessary approvals, including without limitation for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. No Content may be downloaded or otherwise provided or made available, either directly or indirectly (i) into any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 7. Applicable Law. All matters relating to your access to and use of the Site shall be governed by the laws of the State of New York as applied to agreements made, entered into and performed entirely in New York. The exclusive jurisdiction and venue for all legal actions arising out of your access to and use of the Site shall be in an appropriate federal or state court sitting in the State of New York, and you hereby consent to the exclusive jurisdiction of such courts. You expressly waive any rights you may have to contest the jurisdiction, venue or convenience of any court sitting in the State of New York. |
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