TERMS AND CONDITIONS OF USE

Welcome to www.epicscareer.com (this “Site”), a web site operated by EPICS, LLC. The Site provides visitors and customers with access to content about personality and strength assessments through The Environment and Personality Intuitive Card Sort (“EPICS”). These terms and conditions of use (these “Terms of Use”) govern your general access to, and use of this Site whether or not you create an Account. If you become an authorized licensee under an Account, these Terms of Use further govern your right to access and use EPICS.

You consent to and agree with the general application of these Terms of Use by virtue of accessing and using the Site. We reserve the right, at our discretion, to change these Terms of Use from time to time. Please check the Site periodically for such changes. By continuing to access and use this Site following the posting of changes, you accept and agree to the revised version.

These Terms of Use are a legal document, so clarity is important. We’ll use this section to let you know about some words that have special meanings whenever you see them here. The words “you” and “your” refer to each individual accessing this Site whether or not under an Account. The words “EPICS”, “we”, “us” and “our” refer to EPICS, LLC, acting on behalf of itself and, where applicable, its affiliates and third-party licensors. You also will notice that we capitalize certain additional words in these Terms of Use even though grammatical rules do not require. We do this because in the context of these Terms of Use, such capitalized words have specific meanings which can be found where they are first used, as indicated by bold text.

  1. Rights and Conditions. You may access and view the text, images, graphics, logos, audio, video and other information and materials made available on or from the content made available on this Site (the “Content”) on your computer or other Internet compatible device solely in connection with your personal, non-commercial use. You may also make single copies or print-outs of the Content in connection with your permitted use. You may not make use of this Site including any Content for any commercial purpose unless you have received our express written prior permission in advance. You acknowledge that any use of this Site or Content, except as otherwise permitted herein, is a breach of these Terms of Use, and may put you in violation of Applicable Laws. We will not be responsible or liable for any loss or damage arising from your failure to comply with these Terms of Use.
  2. Registration; Account Creation. In order to use the features and functions and exercise your rights under the License granted below, you will have to register and create an account (an “Account“). In doing so, you will: (a) submit only complete and accurate information to include valid credit card data or data for such alternative automatic payment options as we may accept (the “Account Information“); and (b) maintain and promptly update your Account Information if it changes. During the registration and Account creation process we will, among other things, assign to you a private location on our web site under the epicscareer.com domain (each a “Account Domain”). You will be issued credentials, typically in the form of an unique user identification and a password, to authenticate your right to access the Account and Account Domain (collectively, your “Account Credentials“). Your commitment to maintaining the strict confidentiality of that information is a material condition of your right to access the Account Domain and use the features and functions. You must not allow others to use your Account Credentials or access your Account Domain and you agree to: (i) immediately notify us of any unauthorized use of your Account Credentials or any other breach of security related to the Account Domain or features and functions; and (ii) ensure that you log-off and exit from your Account at the end of each session.  You are responsible for all activity that occurs under your Account Credentials.  You are responsible for notifying us if you desire to cancel your Account.
  3. License Rights.  Subject to these Terms of Use and the limits set by the License Metrics (as defined below), we grant you a personal, revocable, non-exclusive, non-assignable, non-transferable license [to permit your employees and subcontractors] during the License Term to access, display and perform the EPICS features and functions from the Account Domain or via our mobile application solely to [take or administer the EPICS assessment] to be used in connection with your lawful internal business activities (the “License”). Your rights under the License also include the right to access, download, display and print the Documentation provided for the features and functions as reasonably required in connection with your authorized use. “Documentation” means the online help and user guides we may publish and update from time to time and make available to authorized licensees. In addition to the limitations set forth in these Terms of Use at the time of Account creation and each time you upgrade or add a feature or function to your Account thereafter, you will be informed of any limits (the “License Metrics”) applicable to the License Fee-level you selected.
  4. License Scope, Restrictions and Conditions.
  • Scope. The License rights are non-exclusive such that we may grant to others or reserve for our own use, rights that are the same as or similar to those we grant to you. All rights not expressly granted to you are reserved by EPICS LLC and its licensors. The License has a limited term as specified in the applicable License Metrics (the “License Term”) and will expire at the end of that License Term unless you renew. Each License is personal to you and thus is non-transferable, non-assignable and non-sublicenseable.
  • Restrictions. Neither you nor any of your employees or subcontractors shall: (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable local laws specifically prohibit such restriction), or create derivative works based on, or improvements of the features and functions; (b) make any copies of the features and functions; (c) create Internet “links” to the features and functions or “frame” or “mirror” any features and functions thereon on any other server or wireless or Internet-based device; and (d) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the features and functions in any way.
  1. Applicable Laws. We control and operate the Site from within the United States of America (the “USA”). The Site is directed at visitors from the USA, 18 years of age and over. The English language version of these Terms of Use is the controlling version regardless of any translation you may attempt. We do not represent that this Site or its Content are appropriate or lawful for use in other locations outside of the USA or that our operation (including our processing and handling of Submitted Materials) will comply with all local laws. Users who choose to access this Site from outside the USA or provide Submitted Materials as non-USA citizens, do so of their own initiative, and are responsible for compliance with all applicable local, state, national and international laws and treaties (“Applicable Laws”). These Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut and the U.S. federal laws enforced within, without regard to principles of conflicts of laws. All proceedings relating to us, the Site or these Terms of Use shall be brought in the state or federal courts located in Connecticut and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts.
  2. Content. Site Content will have a variety of origins, including information generated and provided by us and third parties.   We do not provide any warranty that the Content is or will be:
  • accurate or complete;
  • current (or that it will be updated);
  • error free (either technically or with respect to typographical errors); and/or
  • free from interruptions, computer viruses or other harmful components.
  1. Trademarks and other Intellectual Property Rights. The logos, names and other similar marks (collectively, the “Trademarks“) displayed on this Site are registered and unregistered Trademarks of ours and our licensors and may not be used unless authorized by the Trademark owner. Nothing contained on this Site should be construed as granting any such license or other right to use any Trademark displayed on this Site. As between you and us, we are the exclusive owners of all right, title and interest, including intellectual property rights (including copyrights, patents and trademarks), proprietary rights (including trade secrets and data base rights) and moral rights (including rights of attribution and authorship) throughout the world in and to this Site, its Content and its and their look and feel, design and organization and compilation. If you believe any content appearing on this Site violates your intellectual property rights, please give us notice so we can consider appropriate take down procedures.
  2. Social Media. This section applies to everyone who interacts with our social media presence. You are therefore viewing this page because you either linked from the social media features on this Site (such as blogs and comments sections) (“Internal Social Media Features”) or from comment sections, feeds and other elements of social media presence viewable on Facebook, Twitter, YouTube, Google+, LinkedIn or any of the many other available external third party social media platforms we utilize (“External Social Media Presence”). Social media platforms are places of public information exchange, and you should have no expectation of privacy. Specifically, paragraph 10 hereof does not apply to our External Social Media Presence. The sites and platforms that host our External Social Media Presence are not controlled by us and therefore their own, and not our privacy policies and terms of use will apply. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of the EPICS Parties (as defined below). Comments that some would consider inappropriate or offensive may appear on our Internal Social Media Features and on our External Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features it should be reported directly to us via the contact information below.
  3. Submitted Materials; User Generated Content. All information, ideas, suggestions, concepts or other materials submitted by you voluntarily or at our request, such as questions sent to us via the “Contact Us” link or user generated content on our Internal Social Media Features or External Social Media Presence (collectively, “Submitted Materials”) may be used by us in any lawful manner, provided that personal information portions of Submitted Materials will only be used as described in paragraph 10. By providing Submitted Materials you: (a) represent and warrant that you own or otherwise have all necessary rights to do so and that the Submitted Materials comply with Applicable Laws; and (b) you grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, export and otherwise use such material (in whole or part) and/or to incorporate it in other works in any form, media or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us, therefore you should retain all such data and information in your own records.
  4. Our Privacy Policies. Our collection of certain information about you including personal information provided as part of the above described Submitted Materials, is subject to the Site’s Privacy Policy (see below) which is incorporated herein by reference for all purposes.
  5. Prohibited User Conduct. You warrant and agree that, while using the Site and the various features and functions offered on or through the Site, you shall not: (a) obscure, alter or destroy Trademarks or Content; (b) probe, scan or test the vulnerability of a system or network on, from or through the Site; (c) breach or defeat system or network security measures on, from or through the Site including authentication, authorization, confidentiality, intrusion, detection or monitoring; (d) interfere with or disrupt the Site or our business, including our systems, operations or network or telecommunications devices; (e) remove, modify or obscure any proprietary rights notices that we place on any component of the Site; (f) engage in spidering, “screen scraping,” “database scraping,” harvesting of contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site; (g) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (h) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or constitutes or contains false or misleading indications of origin, endorsement or statements of fact or is fraudulent, libelous, defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party; (i) violate the privacy rights of any party under applicable law; (j) use any technology that is or reasonably should be known to contain malicious or destructive software code such as viruses or disabling devices; or (k) use the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as “spam”) or commercial electronic messages, even if previously solicited by the intended recipient.
  6. Third Party Web Sites. You may see on the Site hyperlinks or pointers to other web sites maintained by third parties and we also may provide third party content on the Site by framing or other methods (collectively, “Links”). Links are provided for your convenience and information only. The fact that we provide a Link does not mean that we endorse, authorize or sponsor that web site or offering or that we are affiliated with the third party owners or sponsors. Neither the web sites nor parties to which a Link will bring you are under our control and as such we are not responsible in any way for their availability, content, advertising, products or materials, including any further links their sites may contain. This means that once you follow a Link, you are no longer subject to our Privacy Policy. You should, therefore, carefully review the privacy statements and other conditions of use and sale related to any Links. We reserve the right to terminate a Link at any time without notice.
  7. Liability and Indemnity.THE SITE, ITS CONTENT AND ANY OTHER INFORMATION, FEATURES AND FUNCTIONS OR SERVICES ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPICS, LLC, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS AND REPRESENTATIVES (“EPICS PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR ITS FEATURES AND FUNCTIONS AND SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE ITS USE. THE EPICS PARTIES, HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, ITS CONTENT OR FEATURES AND FUNCTIONS AND SERVICES THAT YOU ACCESS THROUGH THE SITE. THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE EPICS PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE. You agree to defend, indemnify and hold the EPICS Parties harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of this Site, or your breach or violation of Applicable Laws or of these Terms of Use. EPICS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with EPICS’s defense of such claim.
  8. Term and Termination.These Terms of Use apply to all users of this Site at all times until we supersede and replace them. We may at any time terminate, change, suspend, add to or discontinue any aspect of this Site itself, or your right to use it, including your Account, without notice or liability to you.
  9. Miscellaneous. These Terms of Use and Privacy Policy are the entire and exclusive agreement between us and all visitors and users of the Site. Neither any course of conduct between the parties nor trade practice will modify these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of this Site, these Terms of Use or the Privacy Policy must be filed by you within one year after such claim or cause of action arose or be forever barred. Should any provision of these Terms of Use be held to be unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions hereof shall remain in full force and effect. The waiver of any breach of these Terms of Use will not constitute a waiver of any other or future breach and will not act to amend or negate the rights of the waiving party. You many not assign your rights or obligations hereunder. The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability and indemnification shall survive termination. The word “including” is exemplary meaning “including, without limitation” or “including, but not limited to” unless otherwise indicated.
Online Privacy Policy Highlights
This page highlights some of the key elements of our Online Privacy Policy. Both this page and our Online Privacy Policy apply to www.epicscareer.com, the official web site of EPICS, LLC, the sites we publish for our various products and any authorized online apps or features that may contain a link to this policy. For more information, please read our complete Online Privacy Policy.
Uses of Information
We use voluntarily provided personal information to communicate directly with you including via email, postal mail, text and phone. We do not sell or rent your personal information to third party data vendors or marketing companies. As you might expect, we also disclose your information when required by law.We use non-personal information to administer our site, make it better, and to make business decisions about what programs our customers might like.
COPPA and FERPA
We do not intend for this site or any of our authorized features or apps to be used by children under the age of 18, and certainly not by anyone under the age of 13. Therefore, we are not subject to the Children’s Online Privacy Protection Act (COPPA); and although we work with schools, we are similarly not subject to the Family Education Rights and Privacy Act (FERPA) either.
Your Privacy Choices
You do not have to provide personal information to enjoy most of the features of our site. You also can opt-out of certain activities like newsletters and announcements by sending us an opt-out email.

ONLINE PRIVACY POLICY
Thank you for visiting EPICS, LLC’s online resources and viewing this privacy policy. We use this policy to tell you about the types of information we collect from you when you visit our site or use authorized features or apps that link to this policy. More specifically, this policy tells you:

    • the types of information we collect and how we collect it;
    • the ways in which we use, share and protect that information;
    • the choices you have in controlling the collection of your information; and
    • your ability to access and update your information.

By using our sites or other online resources, you are signifying to us that you agree with this policy. Although the site and resources may contain links to other websites controlled by third parties, you should be aware that we are not responsible for the privacy practices of those, or any other, sites. If you have questions about how those websites collect and use data, you should carefully read those sites’ privacy policies.
This privacy policy was amended on June 1st, 2016 and is effective as of that date.

Some Important Vocabulary
This privacy policy is a legal document, so clarity is important. We’ll use this section to let you know about some words that have special meanings whenever you see them in this policy. Let’s start with the word “policy” itself: when we reference “this policy”, “this privacy policy” and “our policy”, we mean the EPICS, LLC Online Privacy Policy you are reading now. Wherever we say “EPICS, LLC” or “we”, “us” or “our”, we mean EPICS, LLC and its affiliates. We use the words “you” and “your” to mean you, the reader, and other visitors to our site who are, in all cases, over the age of 18. This age requirement is discussed in more detail later in this policy.

Whenever we reference “this site”, “our site” or “the site”, we mean the EPICS, LLC web site found at www.epicscareer.com and our various product websites including www.epicscareer.com and such others as we may make available from time to time. When we talk about “authorized features and apps”, we’re referring both to elements of our social media presence viewable from Facebook, Twitter, YouTube, Google+, LinkedIn or any of the many other available external third party social media platforms, as well as mobile or other apps we’ve created and distributed to let our customers and followers view our site or otherwise interact with our content. Last, but definitely not least, when we refer to “personal information”, we mean information that can be used to identify you or that can be easily linked to you. Thus, a fairly comprehensive list of “personal information” would include such things as your name, address, telephone number, fax number, email address, social security number and date of birth. In contrast, a domain name or an internet protocol address, would not be considered personal information.

Please be a Grown Up: User Age Requirements and Children’s Privacy
Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward, and collect and use information from children under the age of 13. We take those age-related requirements very seriously, and consistent with it do not intend for this site or any of our authorized features or apps to be used by children under the age of 18, and certainly not by anyone under the age of 13. Therefore, we are not subject to the Children’s Online Privacy Protection Act (COPPA); and although we work with schools, we are similarly not subject to the Family Education Rights and Privacy Act (FERPA) either. Moreover, we do not knowingly collect personal information from minors under the age of 18. If we become aware that anyone under the age of 18 has submitted personal information to our site, we will delete that information and will not use it for any purpose whatsoever. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet. 

Nothing Personal: Automatically Collected Information
When you visit our site, basic information is passively collected through your web browser via use of tracking technologies, such as “cookies” which utilize various files sent from our servers to your computer hard drive. The information we collect through cookies and other means is not personal information and does not individually identify you. It includes things like:

    • the domain name and IP address from which you accessed our site
    • the type of browser and operating system you use
    • the date and time and length of your visit
    • the specific page visited, graphics viewed and any documents downloaded
    • the specific links to other sites you accessed from our site
    • the specific links from other sites you used to access our site

Mobile devices are the one possible exception to the rule that our passive, automatic collection activities exclude personal information. We say that because, if you access our site from a phone or other mobile device, the mobile services provider may transmit to us uniquely identifiable mobile device information which allows us to then collect mobile phone numbers and associate them with the mobile device identification information. Some mobile phone service providers also operate systems that pinpoint the physical location of devices and we may receive this information as well.

Regardless, we use both automatically collected non-personal information and mobile device information only to compile generic reports about popular pages on our site, and to see how our customers and followers are accessing our site. We then use that data to administer the site, make your activities more convenient and efficient and to enhance the functionality of our site, such as by remembering certain of your information thereby saving you time.

Now its Personal: Voluntarily Submitted Information
If you participate in certain activities on our site, you may need to provide us with information about yourself. For example, if you choose to send us an email or fill out an on-line form, you are voluntarily providing personal information to us. In doing so, you are giving us your consent to collect, use and disclose that information for the purpose it is requested and for other reasonable internal business purposes. We do not sell, rent or trade voluntarily submitted personal information with third parties.

If you don’t want us to collect this type of personal information, don’t provide it! This means you shouldn’t participate in the activities on our sites that request or require it. Participation is strictly your choice. Not participating may limit your ability to take full advantage of the site, but it will not affect your ability to access certain information available on the site to the general public.

Here are some of the ways you voluntarily give us your personal information and how we use it:

    • Emails and Texts – When you send us an email, your email address and any other personal information that may be in the content of your message or attached to it, are retained by us and used to respond back directly to you. The same is true if you send us a text message. If you prefer we not collect, use or store this information, please do not email or text us. Instead, you may want to communicate with us by phone or by regular mail.

Note that some authorized features and apps may allow users to post or upload messages, comments, screen names, computer files and other materials. If you choose to make personally identifiable information public through these means, we will consider that information to be in the public domain and will not limit its disclosure in the manner described by this policy.

Choices you can make: Opt Out and Account Changes
If we are using personal information you provided to us in order to enable us to send you materials, such as newsletters or product alerts via text or email, and you decide you don’t want to receive such materials, you may opt out by following the opt-out instructions in the email or other communication, or the opt-out details provided to you through the applicable program. In addition, you can always opt out by accessing our centralized opt-out link located on our site in order to opt out of any programs in which you may be enrolled. When we receive your request, we will take reasonable steps to remove your name from our distribution lists. Users also need to understand it may take a period of time to remove your name from our lists after your request and due to such latency you may still receive materials for a period of time after you opt out.

Things Happen: We do what we can to ensure Information Security
We will take all reasonable security precautions to protect your personal information provided to our site. Due to the inherently open and somewhat risky nature of the Internet, however, we cannot guarantee that your information, whether during transmission or while stored on our systems or otherwise in our care, will be free from unauthorized access or that loss, misuse, destruction or alteration will not occur. We disclaim any liability for any theft or loss of, unauthorized access or damage to or interception of any data or communications. You should also note that third party companies we engage to provide us with services either to help us in our business, or to perform functions we would otherwise perform ourselves will have incidental access to your information, including your personal information, as part of the work they perform. We require that they enter into confidentiality and other agreements, but cannot guarantee their compliance.

Changes to this Privacy Policy
We reserve the right to change or update this policy from time to time. Please check our site periodically for such changes since all information collected is subject to the policy in place at that time. Typically, we will indicate the effective/amendment date at the beginning of this policy. If we feel it is appropriate, or if the law requires, we’ll also provide a summary of changes we’ve made near the end of the new policy.

Contacting Us
If you have questions about our privacy policy or privacy practices, please contact Our Privacy Office:

Attn: Privacy Office
EPICS, LLC
26 Pleasant Street
Woodbury, CT 06798
203.586.8247