Terms of use

(a) Cepoch Software Enterprises Website Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Cepoch website located at www.cepoch.com (the “Site”), which is the property of Cepoch  LLC. (“Cepoch”). The terms “we” and “our” refer to Cepoch. The terms “you” and “your” refer to the user or viewer of the Website.

By using or visiting the Website, you agree to comply with, and be bound by, these Terms and Conditions concerning your use of the Site and our Privacy Policy and all applicable laws and regulations. We may revise the terms of use and privacy policy at any time without notice to you. Please review the following Terms of Use carefully. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE AND YOU SHOULD IMMEDIATELY EXIT THE WEBSITE.

cEpoch reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without notice. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Cepoch grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website which shall be defined by these Terms of Use as follows.

 

(b) Your Use of Website or Its Information
Cepoch provides you with access to a variety of resources, including development tools and applications, downloads, communication forums, and product information (“the Services”). You may view, print, and download the Services from the Site subject to the following: (a) the Services may be used solely for personal non-commercial purposes; (b) you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from the Services or transfer or sell any information, software, products, or services obtained there from; and (c) any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and Cepoch ; (d) You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automated device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely and explicitly made available, with written permission, through the Website; and (e) You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You must read the license agreement and indicate your consent to its terms prior to installing or using the software. All rights, title, and interest not expressly granted are reserved.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Cepoch server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Cepoch’s systems or networks, or any systems or networks connected to the Website or to Cepoch.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Cepoch on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content, or post any messages or content, for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Cepoch or others.

 

(c) Use of Forums

The Services may contain discussion groups, chat areas, bulletin boards, news groups, or e-mail functions offered as part of the Site. You agree not to upload, email, post, publish or otherwise transmit through a forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes the rights of others, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, “junk-mail”, “spam” or chain letters; or (g) violates any applicable laws or regulations.

Forums shall be used in a non-commercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Cepoch, you agree not to collect or store personal data about other users.

By uploading, emailing, posting, publishing or otherwise transmitting content to any forum or submitting any content to Cepoch, you automatically grant (or warrant that the owner of such rights has expressly granted) Cepoch a perpetual, royalty-free, unrestricted, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you also agree that Cepoch is free to use any ideas, concepts, know-how or techniques that you transmit to Cepoch for any purpose. Any information or material received from you shall be deemed non confidential.

Cepoch, at its sole discretion, reserves the right to remove from the Site any material it deems unsuitable, and may restrict access to any individual to certain Web pages, at any time and for any reason.

 

(d) Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to cEpoch, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws and Cepoch reserves and retains all rights in and to such Content.

The name and mark “Cepoch” and any other names, marks, logos, graphics, designs, webpage designs, and icons of Cepoch used in connection with the Website are registered or unregistered trademarks, service marks, or trade dress of Cepoch (the “Marks”). You may not use the Marks other than in connection with any incidental use as necessary to view and access the Website. Without limiting the foregoing, you shall not be permitted to use any of the Marks or any other names or marks that are similar to, or likely to cause confusion with, any of the Marks.

Except as expressly provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Cepoch’s express prior written consent.

You may use information on Cepoch products and services (such as data sheets, knowledge base articles, and similar materials) purposely and explicitly made available, with written permission, by Cepoch for downloading from the Website, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

cEpoch is not responsible for the conduct, whether online or offline, of any user of the Website.

 

(e) Privacy

Cepoch’s Privacy Policy applies to use of this Website and its terms are incorporated into these Terms of Use by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. By using the Website, you consent to have your personal data transferred to, and processed by Cepoch.

 

(f) Links to Third Party Websites, Content, Products, and Services

This Website may contain links to other independent third-party websites (“Linked Sites”) and content (including, without limitation, text, photographs, images, graphics, designs, audio, video, games, applications, software, and files) owned by, or originating from, third parties (“Third Party Content”). Such Linked Sites and Third Party Content are not under Cepoch’s control, and Cepoch is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Cepoch’s inclusion of any linked website or third party content on the Website does not imply approval, partnership, or endorsement of such website or content by Cepoch . If you follow a link to a Linked Site or otherwise access a third party website, you do so solely at your own risk, and Cepoch’s Privacy Policy and other policies and practices, including these Terms of Use, do not apply to your use or access of such Linked Sites. Cepoch takes no responsibility for third party advertisements or third party applications that are posted on or through the Website, nor does it take any responsibility for the goods or services provided by its advertisers. Reference to any products, services, content, or other information, whether by trade name, trademark, service mark, manufacturer, supplier, or otherwise, does not constitute or imply sponsorship, endorsement, or recommendation by, or any affiliation with, Cepoch. You agree that Cepoch is not responsible for: (a) the quality of third-party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to the purchased products or services.You will need to make your own independent judgment regarding your interaction with these Linked Sites.  You agree that Cepoch is not responsible for any loss or damage of any sort that you may incur from dealing with any third party.

 

(g) Disclaimer
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS-IS” BASIS. CEPOCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CEPOCH MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE: OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, SUBMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN INITIATIVE AND RISK. CEPOCH SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

CEPOCH RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

 

(h) Limitation of Liability
IN NO EVENT SHALL CEPOCH, ITS AFFILIATES, OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,  OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF THE SITE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF CEPOCH IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation or exclusion of liability set forth above. Accordingly, some of the above limitations may not apply to you.

 

(i) Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed by and construed in accordance with the laws of the Illinois, USA. The competent courts of Illinois, USA, shall have sole jurisdiction over any conflict and/or dispute arising out of, or in connection with, your use of the Site.

 

(j) Copyright
Copyright© 2015-2019. Cepoch LLC. All rights reserved. The material on these Web pages is copyrighted by Cepoch. Please respect the rights of Cepoch.

All trademarks, service marks, and trade names displayed on the Site (collectively, the “Marks”) are propriety to Cepoch, or other respective owners who have granted Cepochthe right and license to use such Marks. The Marks displayed on the Site are subject to the trademark rights of Cepoch. These trademarks include, but are not limited to, the following: .

Permission is given to view the material on the Cepoch Web pages and save that material only for personal non-commercial reference. No copying, modifying, using or distributing the material in any way is permitted unless you obtain the permission of Cepoch. Cepoch is not able to inspect or confirm that the material contained on the Web pages that are linked to this Web page are correct in every case.

Cepoch provides the information on these Web pages as-is and without any warranties, including merchantibility and fitness for a particular purpose. In no event will Cepoch be liable for any loss of profit, business, use, or data or for indirect, special, incidental or consequential damages of any kind, whether based in contract, negligence or other tort. Cepoch may make changes to the Web page materials and the product information and prices at any time without notice and without obligation to update the materials contained on these Web pages.

 

(k) Indemnity
You agree to indemnify and hold Cepoch, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any and all demands, losses, damages, costs liability, claims or expenses (including reasonable attorneys’ fees and costs of investigation), made against Cepoch by any third party due to or arising out of or in connection with, (a) your use of the Website, (b) your breach of these Terms of Use, including your breach of any covenant, representation, warranty, term, or condition set forth herein, including, without limitation, the obligations set out in the section “Your Use of the Website,” or (c) your violation of any law or regulation or of any third party rights, including infringement, libel, misappropriation, or other violation of any third party’s intellectual property or other legal rights.

 

(l) Violation of These Terms of Use
In the event of your violation of these Terms of Use, Cepoch may take any of the following actions. These potential actions do not limit the rights of Cepoch to these possible actions in the event of violation of these Terms of Use, nor does this section limit the rights or possible actions of Cepoch in situations where no breach has occurred.

Cepoch may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Cepoch’s rights or property, or the rights or property of visitors to or users of the Website, including Cepoch’s customers. Cepoch reserves the right at all times to disclose any information that Cepoch deems necessary to comply with any applicable law, regulation, legal process or governmental request. Cepoch also may disclose your information when Cepoch determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Cepoch may preserve any transmittal or communication by you with Cepoch through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or Cepoch determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Cepoch, its employees, users of or visitors to the Website, and the public.

You agree that Cepoch may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Cepoch, for which monetary damages would be inadequate, and you consent to Cepoch obtaining any injunctive or equitable relief that Cepoch deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Cepoch may have at law or in equity.

If Cepoch does take any legal action against you as a result of your violation of these Terms of Use, Cepoch will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Cepoch. You agree that Cepoch will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.

 

(m) Miscellaneous
These Terms of Use operate to the fullest extent permissible by applicable law. If any provision of these Terms of Use are deemed to be invalid, void or unenforceable, such provision shall be deemed severed or limited to the minimum extent necessary and the remaining provisions of these Terms of Use shall not be affected and shall remain in full force and effect. These Terms of Use, along with the Privacy Policy referenced herein, constitute the entire agreement between you and Cepoch with regard to your use of the Website, and any and all other written or oral agreements, proposals or understandings previously existing between you and Cepoch with respect to your use of the Website are hereby superseded and cancelled. Cepoch will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The headings used for the sections in these Terms of Use are for convenience and reference purposes only and shall in no way affect the meaning or interpretation of these Terms of Use. Cepoch’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Cepoch of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Cepoch and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. These Terms of Use and any rights granted here under may not be transferred or assigned by you, and any such transfer or assignment shall be void and ineffective. Cepoch may freely assign these Terms of Use and its rights and obligations here under without restriction. The rights and obligations of these Terms of Use shall survive the termination of your use of this Website and any use of Cepoch services and products. Nothing in these Terms of Use or any action by either party should be interpreted as creating an agency or partnership relationship.

 

(n) Cautionary Statement Regarding Forward-Looking Statements
This website contains forward-looking statements involving risks and uncertainties. Such forward-looking statements generally relate to future events, our ability to increase the number of support subscription customers, the growth in usage of the our Products and Services, industry outlook, our ability to innovate and develop the various open source projects that will enhance the capabilities of the Cepoch offerings, anticipated customer benefits and general business outlook. In some cases, you can identify forward-looking statements because they contain words such as “may,” “will,” “should,” “expects,” “plans,” “anticipates,” “could,” “intends,” “target,” “projects,” “contemplates,” “believes,” “estimates,” “predicts,” “potential” or “continue” or similar terms or expressions that concern our expectations, strategy, plans or intentions. You should not rely upon forward-looking statements as predictions of future events. We have based the forward-looking statements contained on this website primarily on our current expectations and projections about future events and trends that we believe may affect our business, financial condition and prospects. We cannot assure you that the results, events and circumstances reflected in the forward-looking statements will be achieved or occur, and actual results, events, or circumstances could differ materially from those described in the forward-looking statements.

The forward-looking statements made in this website relate only to events as of the date on which the information is posted and we undertake no obligation to update any of the information.