This Master Service Agreement (this “Agreement”) is entered into by and between Epik Holdings Inc (“Epik”) and You, and is made effective as of the date of Your use of this website ("Site") or the date of electronic acceptance, whichever occurs first. This Agreement sets forth the general terms and conditions of Your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”).
Other Epik.com services agreements (each a “Service Agreement,” collectively, the “Service Agreements”), policies (each a “Policy,” collectively, the “Policies”), schedules, attachments, exhibits, riders, and other agreements or documents referred to herein (collectively, the “Ancillary Materials”) are included within, form a part of this Agreement, and are hereby incorporated herein by reference. Capitalized terms used herein, including those appearing in the Ancillary Materials, have the meanings provided in the Schedule of Definitions.
EPIK MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE OR MODIFY THIS AGREEMENT, INCLUDING ANY OR ALL MATERIALS INCORPORATED HEREIN, AT ANY TIME, AND SUCH CHANGES OR MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON PUBLISHING TO THIS SITE. EPIK RESERVES THE RIGHT TO MODIFY, CHANGE OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES OFFERED WITHOUT LIMITATION AT ANY TIME.
Your use of this Site or the Services after such changes or modifications have been made shall constitute Your acceptance of this Agreement as last revised. If You do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Epik may occasionally notify You of changes or modifications to this Agreement by email. It is, therefore, essential that You keep Your Epik Account information current. Epik assumes no liability or responsibility for Your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Epik may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You.
This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, You represent and warrant that You are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction. If You are entering into this Agreement on behalf of a corporate entity, You represent and warrant that You have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "You", "Your", "User" or "Customer" shall refer to such corporate entity. If, after Your electronic acceptance of this Agreement, Epik finds that You do not have the legal authority to bind such corporate entity, You will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Epik shall not be liable for any loss or damage resulting from Epik’s reliance on any instruction, notice, document, or communication reasonably believed by Epik to be genuine and originating from an authorized representative of Your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, Epik reserves the right (but undertakes no duty) to require additional authentication from You. You further agree to be bound by the terms of this Agreement for transactions entered into by You, anyone acting as Your agent, and anyone who uses Your account or the Services, whether or not authorized by You.
In order to access some of the features of this Site or use some of the Services, You will have to create an Account. You represent and warrant to Epik that all information You submit when You create Your Account is accurate, current, and complete and that You will keep Your Account information accurate, current, and complete. If Epik has reason to believe that Your Account information is untrue, inaccurate, out-of-date, or incomplete, Epik reserves the right, in its sole and absolute discretion, to suspend or terminate Your Account.
You are solely responsible for the activity on Your Account, whether authorized by You or not, and You must keep Your Account information secure, including Your Customer username/login, password, Payment Method, and Account PIN #. For security purposes, Epik recommends that You change Your password and Account PIN # at least once every six (6) months for each Account. You must notify Epik immediately of any security breach or unauthorized use of Your Account. Epik will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss Epik or others incur caused by Your Account, whether caused by You, an authorized person, or an unauthorized person.
4.1 Transfer of Data Abroad: If You are visiting this Site and/or using Our Services from a country other than the country in which Our servers are located, Your communications with Us and/or use of Our Services may result in the transfer of personal information (including Your Account information) across international boundaries. By visiting this Site, using Our Services, and communicating electronically with Us, You consent to such transfers.
This Acceptable Use Policy (“AUP”) forms a part of Epik’s Master Services Agreement and applies to all Epik Customers.
You acknowledge, understand, and agree that:
5.1 COMPLIANCE WITH LAW AND EPIK AGREEMENTS. If You are visiting this Site and/or using Our Services from a country other than the country in which Our servers are located, Your communications with Us and/or use of Our Services may result in the transfer of personal information (including Your Account information) across international boundaries. By visiting this Site, using Our Services, and communicating electronically with Us, You consent to such transfers.
5.2 ELIGIBLE USERS. Use of the Site and Services is restricted to: persons at least 18 years old and legitimate business entities officially registered in your respective region and properly authorized to conduct activities under applicable law. If You are registering as a business entity, You represent that You have the authority to bind the entity to this Agreement. If You: are not yet 18; do not have the capacity to enter into contracts; acutely sensitive to controversial material; do not respect non-censorship and freedom of expression as essential virtues for self-governance; or are accessing this Site from any country where material on this Site is prohibited or illegal, You do not have permission to access the Site or the Services. If a parent or guardian wishes to permit a person under 18 and under their supervision to use this Site, they should email Epik at info@epik.com to make arrangements, although no such access can be guaranteed.
5.3 VALID ACCOUNTS AND ACCOUNT CRITERIA. You are allowed to create one (1) User Account with Epik. Post office boxes or addresses of office service providers may not be used As an address for a User Account. It is likewise not permitted to provide value-added service numbers as telephone numbers for Your Account. Furthermore, Epik reserves the right to forbid the use of freely available email addresses as the email address for a user account.
5.4 DATA MINING IS PROHIBITED. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about any other User or any other person or entity without their express permission.
5.5 PROHIBITED USES IN GENERAL. You will not use Our Site or Services, including Epik products, in a manner that:
5.6 SPECIFIC PROHIBITED USES. By using any of Epik’s Services, you hereby acknowledge, understand, and agree:
Epik reserves the right to refuse service to anyone at Our sole discretion. Without limiting any of the rights set forth elsewhere in this Agreement, Epik expressly reserves the right to deny, cancel, terminate, suspend, or restrict future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) with or without notice to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Epik policy; (ii) who publishes or disseminates any material that in Epik’s judgment, is either obscene or threatening or (iii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by Epik in its sole and absolute discretion).
If Your purchase or account activity shows signs of fraud, abuse, or suspicious activity, Epik may cancel any service associated with Your name, email address, or account and close any associated Epik accounts. Please get in touch with Epik's Abuse and Compliance Team to contest the cancellation of Services or freezing or closure of an account. If Epik, in its sole discretion, determines that any conducted activity is fraudulent, Epik reserves the right to take any necessary legal action, and You may be liable for monetary losses to Epik, including litigation costs and damages.
You agree that We have the sole right to decide what constitutes a violation of the AUUCP described above and the appropriate severity of any corrective action to be applied. If a breach of Our AUUCP is found, You understand and agree that: Epik will take disciplinary action at Our discretion and will notify You; Epik’s decision in such case is binding and final and cannot be subject to further change, and Epik is not liable for any loss or damage arising from Our measures against actions causing harm to Epik or any other third party.
Epik's Privacy Policy, incorporated herein by reference, applies to all Services. The Privacy Policy outlines Your rights and Epik's responsibilities concerning Your personal information. Epik will not use Your information in any way inconsistent with the purposes and limitations of the Privacy Policy. You agree that Epik may modify the Privacy Policy at its sole discretion. You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if You do not agree to any such change, You may terminate this Agreement. Epik will not refund any fees you pay if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to Epik as part of the Services concerning: (i) the purposes for which such third party’s data has been collected; (ii) the intended recipients or categories of recipients of the third party’s data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent about any third-party personal data You supply to Epik. Epik is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete, or inaccurate data.
Epik generally does not pre-screen User Content; however, Epik reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Epik may terminate a User’s Services for posting or publishing any material violating this Agreement at any time and without prior notice. Epik may also terminate a User’s access to this Site or the Services found at this Site if Epik has reason to believe the User is or has engaged in abusive activity and/or is a repeat offender. If Epik terminates your access to this Site or the Services found at this Site, Epik may, in its sole and absolute discretion, remove and destroy any data and files stored by You on its servers. Epik expressly reserves the right to terminate, without notice to you, any and all Services where, in Epik's sole discretion, You are harassing or threatening Epik and/or any of Epik's employees.
10.1 USER CONTENT. Some of the features of Our site(s) or the Services may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”) or (b) literary, artistic, musical, or other content, including but not limited to photos and videos, (c) reviews, rankings and/or product ratings (“User Reviews”) (collectively “User Content”). User Content also includes all content submitted through your Account. By posting or publishing User Content to this site or to the Services We offer, You represent and warrant to Us that (i) You have all necessary rights to distribute User Content via this site or the Services, either because You are the author of the User Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. User Content that, in Epik’s sole judgment, is either obscene or threatening will be removed from Epik servers immediately with or without prior notice and may lead to possible warning, suspension, or immediate Account termination without refund.
10.2 EPIK CONTENT. Except for User Content, with respect to all content on this site and the Services We offer, all right, title and interest in and to all (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“Epik IP”) are owned by Epik, and/or where applicable its partners and affiliates, and You agree to make no claim of interest in or ownership of any such Epik IP. You acknowledge that no title to the Epik IP is transferred to You and that You do not obtain any rights, express or implied, in the Services other than the rights expressly granted in this Agreement. Epik Content is provided to You “as is,” “as available,” and “with all faults” for Your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without Our express prior written consent. No right or permission under any copyright, trademark, patent, or other proprietary right is granted by this Agreement. We reserve all rights not expressly granted in and to Epik Content, this site, and Our Services, and this Agreement does not transfer ownership of any of these rights.
11.1 Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services when you order them. All charges are non-refundable unless otherwise noted in the Refund Policy.
11.2 Price Changes. If You have purchased or obtained Services for months or years, changes in prices and fees will be effective when the Services in question come up for renewal, as further described below. Epik reserves the right to change its costs and fees at any time, and such changes shall be posted online at this Site and effective immediately without the need for further notice to You.
11.3 Payment Types. Except as prohibited in any product-specific agreement, You may pay for Services by using any of the following Payment Methods: (i) valid credit card; (ii) Paypal; (iii) wire transfer; (iv) cryptocurrency; (v) Ali Pay; or (vi) In-Store Credit balances, if applicable. Your Payment Method on file must be kept valid if You have any active Services in Your Account. Confirmation of orders will be sent to the email address on file for Your Account.
11.4 Epik In-Store Credit (“ISC”): If Your Account contains an In-Store Credit balance: (1) You may apply any available credit balance to any future purchase in Your Account; and (2) You authorize Epik to apply any available credit balance to any outstanding administrative fees, chargebacks, or other fees related to Your Account. Regardless of the amount of In-Store Credit available in Your Account, Epik is not responsible for the loss of products resulting from an inability to collect funds from Your Payment Methods or the In-Store Credit.
You also acknowledge that Epik will hold funds available in Your in-store credit balance and will not accrue or pay interest for Your benefit.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE SET TO AUTOMATIC RENEWAL. THE AUTOMATIC RENEWAL OPTION WILL ATTEMPT TO AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WITH THE AUTOMATIC RENEWAL OPTION, EPIK WILL ATTEMPT TO RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH US AT EPIK’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. PLEASE NOTE THAT RENEWAL DATES VARY BY SERVICE. FOR INSTANCE, SOME SERVICES MAY RENEW THIRTY (30) DAYS PRIOR TO EXPIRATION, AND OTHERS MAY RENEW FIVE (5) DAYS PRIOR TO EXPIRATION. YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION ON DOMAIN NAMES AT ANY TIME. HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, OR IF YOUR PAYMENT METHOD CHOSEN FOR YOUR AUTOMATIC RENEWAL SHOULD FAIL, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND EPIK WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. EPIK RESERVES THE RIGHT TO DETERMINE WHETHER A SECOND PAYMENT ATTEMPT WILL BE MADE SHOULD THE CHOSEN PAYMENT METHOD FAIL.
IN ADDITION, EPIK MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR THIRD-PARTY BILLING PROVIDER. IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION, AND WE ARE UNABLE TO CHARGE YOUR EXISTING PAYMENT METHOD SUCCESSFULLY, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IF WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, EPIK WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. EPIK MAKES NO GUARANTEE THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND EPIK WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
13.1 BACKORDERS.
Backorders work on a first-come, first-serve basis.
If We acquire the domain name You backordered, it will be delivered to Your Epik account. If We do not acquire the domain name You backordered, the backorder will sit in our system until We capture the domain or cancel the backorder.
13.2 DOMAIN BROKERAGE.
Epik’s Domain Brokerage Program helps clients acquire a domain name or sell a domain name with a low % commission fee of 9%.
13.3 DOMAIN LOANS.
Epik offers Domain Loans on a one-year basis, where domains are held as collateral. The funds are distributed into Your In-Store Credit and can be used for any purchases on the Epik platform. Epik is not a bank; therefore, these funds cannot be withdrawn.
The interest rate for a domain loan depends on the money You request.
The domain(s) put up as collateral will remain in Your account but under a Registrar-Lock until the loan is paid in full. The domain must be set to Automatic Renewal. If the domain held in collateral is not renewed, Epik will renew the domain and add the renewal fee to the amount owed on the domain loan.
Should You receive a notification of an interested party wanting a domain held in collateral, the domain in question can be sold, and our Sales team will facilitate the sale. A brokerage fee of 9% will be taken from the final sale price, and the funds will be put toward the loan. If there are any leftover funds, they will be distributed to Your Masterbucks account, which You can withdraw.
13.4 EPIK MARKETPLACE/EXTERNAL DOMAINS.
The Epik Marketplace allows for the sale of external domains (domains not registered at Epik), and the commission fee for these domains is 10%.
For an external domain to be listed, a TXT record must be put in place within 1 (one) Week of the domain’s listing. This TXT record must be kept in place for the duration of the listing. Failure to do so will result in the domain being removed from the Marketplace.
In the event that You back out of a domain sale or Epik finds You are abusing the privilege of selling external domains, Your account will be restricted from selling external domains for a period of 90 days. Should there be ongoing issues regarding selling external domains, Your account will be permanently banned from our Marketplace.
13.5 RESELLERS.
Epik’s Reseller Program is the best way to get into domaining with an automated domain reselling and management platform.
Process:
Regarding any of the above-provided services, Epik expressly reserves the right to terminate, without notice to You, any and all Services where, at Epik's sole discretion, You have violated the terms of our Master Services Agreement and/or the Acceptable Use & User Content Policy.
Epik is not responsible for the content of any website owned or operated by a third party that may be linked to or from the Site via hyperlink, whether such hyperlink is provided by Epik or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Site may link, including information on the website regarding the Site. By providing access to other websites, neither Epik nor its affiliates recommend the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any website`s sponsoring organization.
YOU AGREE THAT THE USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. EPIK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EPIK MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NOR DOES EPIK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH OR PROVIDED BY EPIK IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH PRODUCT, INFORMATION OR OTHER RELATED TRANSACTION. NO PRODUCTS, ADVICE, OR INFORMATION THAT YOU MAY OBTAIN FROM EPIK OR THROUGH THE SERVICES PROVIDED BY EPIK SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.
IN NO EVENT SHALL EPIK, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, EPIK PRODUCTS, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). EPIK`S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE GREATER OF (A) THE FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD EPIK AND (AS APPLICABLE) EPIK`S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, THE SERVICES OR EPIK PRODUCTS, YOUR BREACH OF THIS MASTER SERVICES AGREEMENT, INCLUDING ALL ANCILLARY MATERIALS, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
16.1 Relationship Between You and Epik. No agency, partnership, joint venture, or employment is created as a result of or in connection with this Agreement or the Services, and You do not have any authority to bind Epik.
16.2 No Third-Party Beneficiary Rights. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
16.3 Complete Agreement. The Agreement contains the entire agreement between you and Epik regarding its subject matter and supersedes all prior agreements and representations between You and Us on such subject matter. You and Epik acknowledge that no reliance is placed on any representation made but not expressly contained in this Agreement.
16.4 Waiver. Any failure on Our part to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision or a waiver of any further rights hereunder.
16.5 Severability. If any provision of this Agreement is found unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement will remain in full force and effect and enforceable.
16.6 Headings. Headings are for reference purposes only and are not part of the Agreement. Headings do not limit the scope or extent of such section and have no legal or contractual effect.
16.7 Transfer or Assignment of Agreement. You may not rent, lease, pledge, license, assign, sublicense, or transfer this Agreement, and any attempted assignment by You is void. Epik may assign or transfer this Agreement without restriction. At any time, Epik may, in its sole discretion and without providing notice or obtaining Your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.
16.8 Governing Law; Venue; Etc. This Agreement is governed by the State of Washington, USA laws, without regard to its choice of law rules. You hereby consent to the jurisdiction of, and venue in, courts located in King County, Washington, USA, in all disputes arising out of or relating to the Site. In addition, You hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by You against Epik or its affiliates in any dispute arising out of or relating to the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
16.9 Legal Compliance. Epik`s performance of this Master Services Agreement is subject to existing laws and legal processes. Nothing contained in this Master Services Agreement is in derogation of Epik’s right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Services or the Site or information provided to or gathered by Epik concerning such use.
16.10 Execution/Acceptance. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Your electronic acceptance of this agreement shall be valid as a manual, written signature for all purposes.