Terms of Use

Commercial Transactions / Legal Notice / Terms and Conditions of Use

Any business entity or person wishing to use the services of www.epiccollectors.com offered by Epic Collectors, LLC for business or individual collector purposes agrees to all of the terms and conditions for use of the website found under the heading "Commercial Agreement". All website users agree that access to and use of the website are subject to the terms and conditions set forth in this Notice and the Commercial Agreement and to all other applicable laws. Any other use of this site including, but not limited to, downloading of the materials found in this site, alteration of any information, posting of unauthorized communications, spam attacks, or any disruptive actions constitute unauthorized acts. All uses are subject to all of the rights reserved to Epic Collectors, LLC, 8300 Cody Drive, Lincoln, NE 68512. Epic Collectors, LLC and it's owner is the holder of the copyright with respect to the software which implements this website and is given the right to exclusive control over all content by each participant deemed objectionable by Epic Collectors. All rights are reserved. The reserved rights include all copyright as to all text, graphic images, ideas, code, software, and content, including the rights granted by others under the terms of the Commercial Agreement.

No minor may use this website for any transaction.

No visitor or user of this website is authorized in any manner to download, modify or alter the content. Any reproduction, unauthorized downloading, or any other use of the material or any portion of the material reflected at any time at this website which is separately authorized in writing by Epic Collectors, LLC must include the required copyright notice of Epic Collectors, LLC. No visitor or user may without the prior express written permission of Epic Collectors, LLC unauthorized download, publish, republish, distribute, redistribute, or otherwise make any reproductions or copies of any materials on this site.

No visitor or user of this website may in any manner distribute or offer to distribute any material that infringes or violates any rights of any third party or of any law, use this site for any illegal or proposed illegal activity, post or distribute any material which in the absolute discretion of Epic Collectors, LLC is offensive, make use of this website for any purpose not specifically pertaining to the subject matter and in accordance with the terms of the Commercial Agreement, or otherwise interfere with the intended purposes and functions of this website at any time. Any person or entity violating any of the foregoing terms is subject to all of the rights and remedies available to Epic Collectors, LLC, including termination of any use or access to the website. All users of this website agree and hereby submit to the personal jurisdiction of the state and/or federal court systems found within the state of Nebraska, and expressly submits to the subject matter jurisdiction of such courts, and agrees that such courts represent the venue of choice with respect to any legal proceeding arising out of the use of this website, the interpretation or enforcement of the Commercial Agreement, or any related matter.

This website provides services to those persons who have entered into and accepted the terms of the Commercial Agreement. All persons using the website pursuant to such agreement, as well as any other visitors, or users of this website acknowledge and agree that the information provided in this website is provided "AS IS", and is without warranty of any kind, either express or implied. ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY of every nature and description are EXPRESSLY DISCLAIMED by Epic Collectors, LLC and such disclaimer shall be deemed an inherent part of any business relationship between any participant, visitor, commercial user, or other person or entity visiting or using this website. Epic Collectors, LLC shall have no responsibility to maintain the information contained on this website, or to review the information for errors or omissions, and accordingly Epic Collectors, LLC shall have no responsibility for any errors or omissions.

Epic Collectors, LLC hereby disclaims any affiliation, implied business relationship, partnership, joint venture, or other business association of any nature or description with any individual, business, or entity which provides information through this website to any third party or entity without limitation. Epic Collectors, LLC makes no endorsement, affirmation, or representation with respect to any of the persons who have provided information to this website and expressly disclaims any association or relationship of any nature or description with any entity appearing as a result of any linked sites or other internet site connections.

COMMERCIAL AGREEMENT

Epic Collectors, LLC, a Nebraska limited liability company, provides access to the www.epiccollectors.com website for acceptable, commercial use upon the terms and conditions described herein. No other commercial use is accepted or authorized, except as provided in this Commercial Agreement.

1. Website Use. Any authorized user may place orders and manage sale listings. Also any authorized user may send messages pertinent to ordering items. Any other messages are prohibited and violate these terms of use.

2. Termination of Use. Epic Collectors, LLC reserves the right at its absolute discretion without notice to terminate any use of the website by any commercial or other user at any time. Termination will occur in the event any commercial user or other user violates the "Terms and Conditions of Use" set forth in this website which are hereby incorporated by reference or violations of any policies and practices set forth on the website from time to time, for violation of this Commercial Agreement or any other basis as determined by Epic Collectors, LLC to be detrimental to the operation of this website. Any commercial user or unauthorized user who connects to, links or otherwise attempt to make use or otherwise misappropriate the site shall be terminated. Any spam or repetitious material not deemed appropriate or suitable may be terminated at the sole discretion of Epic Collectors, LLC.

3. Binding Arbitration. The parties agree that any controversy or claim arising out of or relating to this Agreement, or any dispute arising out of the interpretation or application of this Agreement, which the parties here to are unable to resolve, shall be submitted and finally resolved and settled exclusively by arbitration in Lincoln, Nebraska, by a single arbitrator under the American Arbitration Association's Commercial Arbitration Rules and according with the substantive laws of the State of Nebraska; provided, however, that collection of the payment of fees for use of the website are not required to be submitted to arbitration. The parties severally recognize and consent to the jurisdiction over each of them by the courts of the State of Nebraska. The cost of arbitration shall be divided equally between the parties. The Agreement is made in accordance with and governed by the laws of the State of Nebraska.

4. Applicable Law and Venue of Choice. The commercial user and Epic Collectors, LLC acknowledge and agree that venue for any action arising out of the results of the binding arbitration or for collection of the fees that are due and owing to Epic Collectors, LLC or for the collection or enforcement of any other obligation created under this Commercial Agreement shall be vested in the state and federal courts of the State of Nebraska, which courts shall be deemed and agreed to have both subject matter jurisdiction and personal jurisdiction, and that such courts are in fact the venue of choice which have been selected by the parties as an essential element of this Agreement.

5. Indemnification. Any user of this website hereby indemnifies and holds harmless Epic Collectors, LLC's officers, directors, managers and employees from any and all causes of action of any nature and description without limitation, which such user may bring against Epic Collectors, LLC or which may be brought against Epic Collectors, LLC by any other person or entity arising out of or in any manner relating to the user's access to or any use of this website, including without limitation any claim of copyright infringement.

6. Limitation on Damages. The parties agree that any user of this website shall be limited to any award in arbitration or any award pursuant to binding arbitration by the fact that user paid no consideration for access to the website, and that all claims, causes of action or theories of relief which could result or do result in any recovery are expressly limited accordingly and that such limitation shall likewise apply to and expressly prohibit all costs, attorney fees, or other claim of consequential damages, lost profits or other forms of damages, costs, and attorney fees sought or obtained against Epic Collectors, LLC.

7. Nature of Service. The parties acknowledge and agree that the use of the website that is provided by this Agreement is exclusively a service only, and does not constitute in any manner the sale, license, authorized use or rental of any software or other material. To the extent that any taxing authority should identify or attempt to collect any type or tax arising out of the activity for access to the website, the commercial user agrees to pay all such tax, if applicable and to remit the same and to indemnify and hold Epic Collectors, LLC harmless from any and all such liability.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT WHICH MAY BE ENFORCED BY THE PARTIES. ACCESS TO THIS WEBSITE REQUIRES THE USER TO ACKNOWLEDGE ACCEPTANCE OF THIS AGREEMENT AND TIMELY PAYMENT OF ALL FEES FOR ACCESS OF THE SITE.