eProperty Innovations, LLC ("EPI", "we" or "us") welcomes you to the website located at www.ePropertyPlus.com ("the Site"). EPI provides the Site subject to these Terms of Use (the "Terms of Use"), which constitute a binding contract between you and EPI and govern your use of the Site. If you are using the Site on behalf of your employer, you represent and warrant that you are authorized to accept these Terms of Use on your employer's behalf, and that your employer agrees to indemnify you and EPI for violations of these Terms of Use. We may change the terms of these Terms of Use from time to time. By continuing to use the Site after we post any such changes, you accept these Terms of Use as modified.
We reserve the right to deny access to the Site to anyone who violates these Terms of Use or who, in our judgment, interferes with the ability of others to enjoy the Site, or infringes the rights of others.
Please take a moment to review our privacy policy to understand how the Site collects, uses, discloses and protects information from End Users.
The materials provided on the Site, including but not limited to information, documents, articles, images, trademarks, trade names, photos, text, graphics, logos, button icons, images, digital downloads, software, video clips, sound clips and data compilations ("Site Content") are provided either by EPI or by its licensors or service providers and may be copyrighted or protected by other laws governing intellectual property or proprietary rights. EPI grants you a non-exclusive, revocable, limited license to view and use the Site, the Site Content and those services offered via the Site for the purposes set forth herein.
All Site Content is the exclusive property of EPI, its affiliates, licensors or service providers and is protected by copyright, trademark and other intellectual property laws, regulations and standards. You may not reproduce, modify, distribute or publicly display the Site or the Site Content, in whole or in part, except as is expressly authorized by these Terms of Use or a separate EPI license agreement. You may not use or reproduce any trademark, trade name or service mark appearing on the Site without the prior written consent EPI.
Without EPI's prior written permission, you may not frame or in-line link any of the Site Content or any services offered through the Site, or incorporate into any other website or other service any of the intellectual property of the Site, EPI, its licensors or its service providers.
Notice and Takedown Request
EPI respects others' intellectual property rights; however, the Site contains information that may be provided by or obtained from third-party sources. If you believe that your copyrighted material is being infringed by anything on the Site, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a writing statement to EPI's Copyright Agent at erik.gustafson@leclairryan.com (via electronic mail) or C. Erik Gustafson, Attorney at Law, LeClair Ryan, 2318 Mill Road, Suite 1100, Alexandria, VA 22314 (via certified or registered mail), which notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Site that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that your are the copyright owner or authorized to act on the copyright owner's behalf.
Counter-Notice
If you believe that any content that you previously submitted to the Site that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to applicable law, to post and use the content at issue, you may send a counter-notice containing the following information to EPI's Copyright Agent at the physical and/or e-mail address set forth above, which counter-notice must include: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location within the Site at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by EPI's Copyright Agent, EPI may send a copy of the counter-notice to the original complaining party informing that person that EPI may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at EPI's sole discretion.
Without limiting the foregoing, while using the Site, you may not:
You agree to abide by the restrictions set forth above with respect to your submission of any content or information to the Site. You are solely responsible for the content and information you upload to the Site. EPI is not under any obligation to monitor the information residing on or transmitted to the Site, but if it should choose to do so, any party posting information to the Site agrees that EPI may modify or delete any information residing on or transmitted to the Site that, in its sole discretion, it believes violates these Terms of Use. The use, display, distribution or publication of any materials posted by third parties on the Site does not constitute or imply an endorsement of such materials or their contents by EPI and EPI expressly disclaims all responsibility for such materials.
Any party posting information represents that he or she is the sole owner of all rights in such materials, including copyrights, or otherwise has all necessary rights to use and license the use of such materials. The posting party agrees that EPI may use in any manner and without limitation all such posted materials, that all such materials will become a part of EPI database, and EPI will own all content that it creates based upon or incorporating such material. The posting party hereby grants to EPI and its representatives and agents a perpetual, worldwide, irrevocable right and license to use, reproduce, display, publish, perform, modify and distribute such materials and any portion or derivative work thereof, with the right to assign and sublicense, without any obligation of compensation, credit or attribution to the posting party.
The Site may contain links to third-party websites which are not under the control of EPI. EPI is not responsible for the content of any linked site or for any link contained in a linked site, or any changes or updates to such sites. EPI is providing these links to you only as a convenience, and the inclusion of any link does not imply that EPI endorses, guarantees, or accepts any responsibility for the content on such a third-party site. If you link to a third-party website, you will be subject to such website's legal terms and policies including, without limitation, such website's terms of use and privacy policy.
You shall indemnify, defend and hold harmless EPI, its affiliates, volunteers, partners and service providers, and their respective directors, officers, employees, affiliates and agents and their heirs, successors and assigns, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees and costs) arising out of or relating to your acts or omissions related to your use of the Site, or any violation by you of these Terms of Use or any applicable law or third party rights. This Section shall survive the termination or expiration of these Terms of Use.
THE SITE AND ALL THE SITE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, THE SERVICES AVAILABLE THROUGH THE SITE AND THE SITE CONTENT IS AT YOUR SOLE RISK. EPI, ITS AFFILIATES, PARTNERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THAT THE SITE OR SUCH SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, WORMS OR OTHER MALICIOUS SOFTWARE. EPI DOES NOT WARRANT THAT THE SITE CONTENT WILL BE ACCURATE, UP-TO-DATE, OR OTHERWISE RELIABLE. PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED THROUGH THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS TERMS OF USE AGREEMENT.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EPI DISCLAIMS ON BEHALF OF ITSELF AS WELL AS ITS AFFILIATES, PARTNERS AND SERVICE PROVIDERS, ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL EPI, ITS AFFILIATES, LICENSORS, PARTNERS OR ITS SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND SUBSIDIARIES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THE SITE OR THE THE SITE CONTENT, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. YOU AGREE THAT EPI'S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, PARTNERS AND SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE OR ANY OF THE SERVICES PROVIDED HEREUNDER SHALL NOT EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms of Use shall be governed and construed by the laws of the Commonwealth of Virginia, without regard to its choice of law rules. You agree that, by entering into these Terms of Use and accessing and/or using the Site, you are transacting business in the Commonwealth of Virginia and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms of Use or in connection with the Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the Eastern District of Virginia, and you consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys' fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year.
These Terms of Use constitute the entire agreement between you and EPI in connection with the subject matter hereof. The waiver or any modifications of any provision of these Terms of Use or any right, power or remedy hereunder shall not be effective unless made in writing and signed by EPI. No failure or delay by EPI in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof. If a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. EPI shall have no liability whatever for delays or interruptions in delivery or accessibility of any portion of the Site, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond EPI's reasonable control.
EPI reserves the right, for any reason and without notice, in its sole discretion, to change, modify, add, suspend, remove, discontinue or terminate access, in whole or in part, to the Site or any aspects of the Site at any time. EPI further reserves the right to impose registration, password and other securities precautions on access to certain portions of the Site at any time.