Terms of Service

Last Updated On: February 25, 2025

These Terms of Service describe the terms and conditions that govern your use of the Interactive Services offered by Epiveris LLC through Epiveris.com.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS.

1.    Definitions

1.1. “Account” means a registered personal user account on www.epiveris.com.

1.2. “Epiveris” or “we” or “our” shall refer to Epiveris LLC, a Colorado limited liability company

1.3. “Interactive Services” shall mean message boards, chat rooms, personal web pages or profiles, forums, bulletin board, databases, graphs, maps and other interactive features of the Site.

1.4. “Post” means submit, publish, display, or transmit to other users or other persons content or materials.

1.5. “Site” shall refer to www.epiveris.com, the website owned and operated by Epiveris, and includes the Interactive Services.

1.6.  “Terms” or “Contract” shall refer to these Terms of Service, including the Privacy Policy.

1.7. “User Contributions” shall refer to content, information, and/or materials that users post to the Site.   

1.8. “You” or “user” shall refer to the individual who registers an Account on the Site and/or includes the entity represented by the individual, if applicable.

2.    General Rules

2.1. If you choose to use the Site, you will be agreeing to abide by all the terms and conditions of these Terms between you and Epiveris.

2.2. Epiveris may change, add or remove portions of these Terms at any time and may notify of you of the change in writing by email or by updating the “Last Updated On” date above. Such changes will be effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Site.

2.3. IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY (i) CANCEL YOUR ACCOUNT (SEE SECTION 8 REGARDING TERMINATION) AND/OR (ii) DISCONTINUE YOUR USE OF THE SITE. YOUR CONTINUED USE OF THE SITE NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF SERVICE, CHANGES, OR MODIFICATIONS.

2.4. Epiveris may change, update suspend, restrict access to, or discontinue the Site, including any and all Interactive Services and any feature thereof, without notice or liability.

3.    Account Registration

3.1. In order to use certain Interactive Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration may require you to submit to Epiveris certain personal information, such as your name, email address, address, mobile phone number, photo, academic affiliations, publications, and interests. It is a condition of your use of the Site that all the information you provide on the Site when registering for an Account is correct, current, and complete. If you discontinue your use of the email address associated with the creation of the Account for any reason, it is your obligation to update your Account with a current email address. If you fail to update your email address when required, you may not receive important correspondence from Epiveris regarding the Site and/or your Account. 

3.2. Each Account is for a single user only. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You are not allowed to share your Account login credentials or give your login credentials to anyone else.

3.3. We may cancel or suspend your access to the Site and/or Interactive Services if you share your login credentials. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if in our opinion, you have violated any provision of these Terms.

4.    User Obligations. You agree that you will not:

4.1. Create a false identity on the Site, misrepresent your identity, create a member profile for anyone other than yourself, or use to attempt to use another user’s Account.

4.2. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Site or related data or access to the same without our consent.

4.3. Use bots or other automated methods to access the Site, add or download contacts, collect data, or send or redirect messages.

4.4.  Share or post information to the Site that infringes or violates someone else's rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.

4.5. Upload viruses or malicious code, use the Site to send spam, or do anything else that could disable, overburden, interfere with, or impair the proper working, integrity, operation, or appearance of Site.

4.6. Misuse any reporting, flagging, dispute, or appeals channel, such as by making fraudulent, duplicative, or groundless reports or appeals.

4.7. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Epiveris, may harm Epiveris or users of the Site, or expose them to liability.

4.8. Post any personal health information (“PHI”).

5.    User Contributions

5.1. The Site may contain Interactive Services that allow users to post User Contributions on or through the Site.

5.2. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant Epiveris, including our service providers and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

5.2.1.   You understand and agree that as between you and Epiveris, you own the User Contribution that you post to the Site and you are only granting Epiveris and its service providers a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Site, without any further consent, notice and/or compensation to you or others.

5.2.2.   You can end this license for specific content by deleting such User Contribution from the Site or by deleting your Account, except to the extent that the User Contribution has been copied, re-shared, or stored by other users.

5.3. You represent and warrant that:

5.3.1.   You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our service providers, and our respective licensees, successors, and assigns.

5.3.2.   All of your User Contributions do and will comply with these Terms of Service.

5.3.3.   You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Epiveris, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

5.4. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

6.    Intellectual Property

6.1. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), including the Interactive Services, are owned by Epiveris, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2. These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

6.2.1.   Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

6.2.2.   You may store files that are automatically cached by your Web browser for display enhancement purposes.

6.2.3.   You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

6.2.4.   If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

6.2.5.   If we provide social media features with certain content, you may take such actions as are enabled by such features.

6.3. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Epiveris. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

7.    Copyright Infringement

7.1. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Epiveris has a procedure for receiving written notification of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may send an email to IPRCenter@dhs.gov that includes:

7.1.1.   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.1.2.   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

7.1.3.   Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

7.1.4.   Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

7.1.5.   A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

7.1.6.   A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8.    Termination

8.1. You may terminate this Contract at any time without cause by deleting your Account. On termination, you lose the right to access or use the Interactive Services.

8.2. Epiveris may immediately terminate this Contract for good cause at any time. Good cause for termination includes, but is not limited to, your breach of any obligation in these Terms.

9.    Indemnity

You agree to defend, indemnify, and hold harmless Epiveris, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

10. Exclusion of Liability

10.1.              Epiveris provides the Site, including all Interactive Services, on an “as is” basis and we make no guarantee that they will always be safe, secure, or error-free, or will function without interruptions, delays or imperfections. To the extent permitted by law, we DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2.              TO THE FULLEST EXTENT PERMITTED BY LAW, EPIVERIS WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

10.3.              EPIVERIS WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS THE GREATER OF (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO EPIVERIS DURING THE PAST TWELVE MONTHS OR (B) US $100.

11. Additional Disclaimers

11.1.              NO MATERIAL OR INFORMATION ON THE SITE IS OFFERED AS MEDICAL ADVICE OR OPINION. THE SITE SHOULD NOT BE USED FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE AND NONE OF THE MATERIAL OR INFORMATION ON THE SITE IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

11.2.              THE MATERIAL OR INFORMATION ON THE SITE MAY BE MACHINE-GENERATED AND DOES NOT REFLECT ANY HUMAN REVIEW.

12. Disputes and Governing Law

12.1.              You and Epiveris each agree that any claim, cause of action, or dispute between us that arises out of or relates to these Terms or your access or use of the Site shall be resolved exclusively in the Routt County or a state court located in Routt County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Colorado will govern these Terms and any claim, cause of action, or dispute without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in its sole discretion, Epiveris may bring any claim, cause of action, or dispute we have against you in any competent court in the country in which you reside that has jurisdiction over the claim.

12.2.              ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13. Miscellaneous

13.1.              If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Epiveris has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such website.

13.2.              The Privacy Policy is incorporated as if fully set forth herein.

13.3.              These Terms make up the entire agreement between you and Epiveris regarding your use of the Site.

13.4.              All of our rights and obligations under these Terms are freely assignable by Epiveris in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

13.5.              No waiver by Epiveris of any term or condition set out in these Terms 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 Epiveris to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13.6.              If any provision of these Terms 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 the Terms will continue in full force and effect.

13.7.              Epiveris reserves all rights not expressly granted to you.

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service.