Website Terms and Conditions

Updated on February 7, 2018


Welcome to Epsilon Data Management LLC (“Epsilon”). This website and the related webpages of Epsilon (collectively referred to as this “Site”) is provided as a service to its visitors, and may be used for informational purposes only. Please carefully read and understand these Website Terms and Conditions (the “Terms and Conditions”) before using this Site. By using this Site, you accept and agree to be bound and abide by the following Terms and Conditions and Epsilon’s Privacy Policy. If you do not agree with these Terms and Conditions, you must not access or use this Site.  Epsilon recommends that you print a copy of these Terms and Conditions for future reference.

Epsilon may amend these Terms and Conditions from time to time.  Every time you wish to use the Site, please review these Terms and Conditions to ensure that you understand the terms that may apply to you at that time.

 

Use of Site

All rights, including copyright, in this Site are owned by or licensed to Epsilon. This Site and the content provided in this Site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written permission of Epsilon, except that you may download, display and print the materials presented on this Site for your personal, non-commercial use only. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site, in each case without the prior written permission of Epsilon. You agree that you will not transmit or otherwise transfer any web pages, data or content found on this Site to any other computer, server, website, or other medium for mass distribution or for use in any commercial activity or enterprise. You agree that you will not use any device, software or routine to interfere or otherwise attempt to interfere with the proper working of this Site. You agree that you will not take any action that imposes a burden or load on our infrastructure that Epsilon deems in its sole discretion to be unreasonable or disproportionate to the benefits Epsilon obtains from your use of the Site.

Unauthorized use of this Site and/or any data or content contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. If you obtain prior written permission of Epsilon to use data or content contained on this Site, you must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information that (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless you have the express written permission of the owner of such right, (c) contains a virus, “bug”, malware or other harmful item or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of this Site.

 

Privacy

By accessing this Site, you consent to Epsilon’s Privacy Policy, the terms of which are incorporated herein.

 

Links

This Site includes links to other Internet websites and resources provided by third parties. These websites and resources are provided solely as a convenience to you and not as an endorsement by Epsilon of the contents of (or any product or services available from) such other websites. Epsilon is not responsible or liable to you or any third party for the content, accuracy, products or services of such websites, and Epsilon makes no representation or warranty regarding any other websites or the content or materials on such websites. If you decide to access other websites, you do so at your own risk and subject to the terms and conditions of use for such websites. You acknowledge and agree that Epsilon shall not be liable for any damage or loss arising from or related to your use of such websites or reliance on any such content, products or services available from such websites.

 

Disclaimer of Warranties

EPSILON AND ANY THIRD-PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY DATA OR CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. EPSILON AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PROVIDED BY LAW, ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR USAGE OF TRADE. NEITHER EPSILON NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM EPSILON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. NOTWITHSTANDING THIS DISCLAIMER OF WARRANTIES, YOU MAY HAVE SPECIFIC WARRANTY RIGHTS, WHICH VARY FROM STATE TO STATE.

 

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, EPSILON ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY LOSS OR DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.

IN NO EVENT SHALL EPSILON, ITS EMPLOYEES, AGENTS OR ANY THIRD PARTY PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE) OR (III) THE PERFORMANCE OR NONPERFORMANCE BY ALLIANCE DATA OR ANY THIRD PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Changes to the Site

Epsilon reserves the right to change, edit, or delete any documents, information, or other content appearing on the Site or these Terms and Conditions from time to time without notice and in its sole discretion. All changes are effective immediately when posted and apply to all access to, and use of, this Site thereafter.  However, any changes to the governing law and dispute resolution provisions set forth below will not apply to any disputes for which parties have actual notice on or before the date the change is posted on the Site.

 

Indemnification

You agree to indemnify, defend and hold harmless Epsilon and its directors, officers, associates, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorney fees) arising out of or relating to your violation of these Terms and Conditions or your use of this Site.

 

Governing Law & Location of Dispute Resolution

All matters relating to this Site and these Terms and Conditions and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the United States of America and of the State of Texas (without regard to conflict of law principles). The language herein shall be interpreted as to its fair meaning and not strictly for or against any party. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Dallas County, the State of Texas, United States of America, in all questions and controversies arising out of your use of this Site and these Terms and Conditions. You expressly submit to the jurisdiction of said courts, and you consent to extraterritorial service of process. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Site must be brought within two years from the date on which such claim or action arose or accrued.

 

No Joint Venture, No Derogation of Rights

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Epsilon as a result of these Terms and Conditions or your use of the Site. Epsilon’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Epsilon with respect to such use.

 

Information and Press Releases

The Site may contain interviews, discussions, press releases and other information (collectively, “Epsilon Information”) about Epsilon, its business and its services, including links to third-party websites that contain such Epsilon Information, which are being provided as a convenience to visitors of the Site. While all Epsilon Information prepared by Epsilon was believed to be accurate as of the date prepared, Epsilon disclaims any duty or obligation to update any Epsilon Information. Statements concerning companies other than Epsilon that are contained in any such Epsilon Information should not be relied upon as being provided or endorsed by Epsilon. The opinions expressed in any Epsilon Information, including by employees and agents of Epsilon, are solely those of the author(s) and do not necessarily reflect those of Epsilon.

 

Export Control

Any text, logos, designs, graphics, images, sounds, information, documents, or other materials (collectively, “Materials”) available from or through the Site are or may be subject to United States export controls. No such Materials from this Site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or other similar list (each, a "Restricted List"). By using or downloading any Materials from the Site, you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any Restricted List.

 

Visitors’ Communications

Except where expressly provided otherwise by Epsilon, all comments, feedback, information, or materials that you submit through or in association with the Site shall be treated by you as confidential. By submitting such comments, feedback, information, or materials to Epsilon:

i. You represent and warrant that Epsilon’s use of your submission does not and will not breach any agreement, violate any law, or infringe any third party’s rights;

ii. You represent and warrant that you have all rights to enter into these Terms and Conditions;

iii. Epsilon is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and

iv.You grant Epsilon all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by Epsilon to anyone whatsoever.

Epsilon does not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials.

Epsilon expressly prohibits the scraping of email addresses from this Site and expressly opts out of receiving commercial electronic mail messages to Epsilon domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software.

 

Place of Performance

The owner of the Site is based in the United States. Epsilon provides this Site for use only by persons located in the United States. Epsilon makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Waiver and Severability

No waiver by Epsilon of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Epsilon to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.

 

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