THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
Hardware, Software, and Internet Requirements. To use the App, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). The performance of the App may be affected by these factors.
Geographic Restrictions. EPB is based in the State of Tennessee in the United States and the App and its Content are intended solely for residents of the United States. EPB makes no representations that the App and its Content are appropriate or available for use in any particular location or may be downloaded outside of the United States. In addition, the App and its Content are not available in all languages or in all countries or regions. Use of or access to the App may not be legal by certain persons or in certain countries. To the extent you choose to use or access the App and the Content, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws.
By using or accessing the App, you consent to the transmission of your personal information to EPB, including your user name, password, and any other personal information we may collect from you and you acknowledge and accept all liability and responsibility arising from the transmission of such information.
You understand that by using the App, you may encounter Content that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the App at your sole risk and that EPB shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
EPB accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), EPB reserves the right to terminate your use of the App or the Content contained therein if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.
Service, Technical Information, Updates, and Informational Content. EPB makes a conscientious effort to display and describe the features available in the App and its Content accurately and completely. However, your interaction with the App and its Content depend upon a number of factors, including your device and internet connection. EPB may change, update or remove features at its discretion. Therefore, EPB cannot guarantee your access, availability, or accuracy of any or all features in the App and its Content. You agree that technical information, opinions, recommendations and other information made available to you in the App and its Content are for your convenience only.
The App will periodically check with EPB for updates to the App. If an update is available, the update may automatically download and install onto your device. By using the App, you agree that EPB may download and install automatic updates onto your device. You can turn off automatic updates at any time by changing the automatic updates setting on your device or by contacting us.
EPB uses reasonable efforts to update the information in the App. However, the Content of the App is subject to change without notice. We do not warrant the accuracy, completeness, or usefulness of the Content. Any reliance you place on such Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Content by you or any other user of the App, or by anyone who may be informed by any of its Content.
not to use the App or its Content in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries);
that you will not attempt to gain unauthorized access to, interfere with, damage, disrupt or circumvent any of the security features of any part of the App or its Content (or the servers, networks, and databases which are connected to or used by the App or its Content);
not to introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the App or its Content (or the servers, networks, and databases which are connected to or used by the App or its Content);
that you will not edit or otherwise modify any Content in the App;
that you will not engage in any activity that interferes with or disrupts the App or its Content (or the servers, networks, and databases which are connected to or used by the App or its Content);
that you will not impersonate or attempt to impersonate EPB, an EPB employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
that you will not reproduce, redistribute, republish, duplicate, reverse engineer, decompile, attempt to derive the source code of, decrypt, create derivative works of, copy, display, sell, rent, lease, loan, sub-license, trade, or resell any Content or other aspect of the App for any commercial purpose (except for Content specifically and expressly made available for redistribution and except to the extent prohibited by applicable law or to the extent permitted by licensing terms governing use of open-source components that may be included with the App or any Content); and
Third Party Sites and Content. The App may contain links to other websites or resources that our business partners and other third parties own or operate. Your access to and the use of each of those websites or resources is at your own risk and is subject to the terms and conditions, if any, that each of those websites or resources have posted. We have no control over third party websites and we are not responsible for any changes to or content on them. Our inclusion of any Content is not an endorsement of that material or link or the companies that own or operate the material or linked websites.
The App may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all Content other than the Content provided by EPB, are solely the opinions and the responsibility of the person or entity providing such Content. These materials do not necessarily reflect the opinion of EPB. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Warranty Disclaimers. YOUR USE OF THE APP AND ITS CONTENT IS AT YOUR OWN RISK. THE APP AND ALL CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS. EPB AND ITS PARTNERS, SERVICE PROVIDERS, AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER EPB NOR ITS PARTNERS, SERVICE PROVIDERS, LICENSORS, OR ANY PERSON ASSOCIATED THEREWITH MAKES ANY WARRANTY OR REPRESENTATION THAT (A) THERE WILL BE NO INTERFERENCE WITH YOUR USE OF THE APP AND ITS CONTENT; (B) THE APP AND ITS CONTENT WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT, SPECIFICATION, OR EXPECTATION; (C) THE APP AND ITS CONTENT WILL BE ACCURATE OR COMPLETE; (D) THE APP AND ITS CONTENT WILL BE AVAILABLE, SECURE OR ERROR FREE; (E) ANY ERROR OR DEFECTS IN THE APP OR ITS CONTENT WILL BE CORRECTED; (F) THE APP AND ITS CONTENT, OR THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (G) THE APP AND ITS CONTENT ARE LAWFUL, APPROPRIATE, OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EPB OR AN EPB AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP AND ITS CONTENT. EPB WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE APP AND ITS CONTENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability. IN NO EVENT WILL EPB, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF EPB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EPB’S LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00) (THE “LIABILITY CAP”). BY USING OR ACCESSING THE APP AND ITS CONTENT, YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM IN EXCESS OF THE LIABILITY CAP.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Export Control. You may not use or otherwise export or re-export the App or its Content except as authorized by United States law. In particular, but without limitation, the App and its Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing or using the App and its Content, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App and its Content for any purposes prohibited by United States law.
All feedback, comments, requests for technical support and other communications relating to the App and its Content should be directed to EPB at 423-648-1372.