TERMS OF USE AGREEMENT
PLEASE READ THIS TERMS OF USE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. This Agreement sets forth the terms of use for the website operated by EpiCentre Theater Partners, LLC (the “Company”) at www.epicentretheater.com (the "Site"). The Company reserves the right to change, modify, add, or remove portions of this Agreement at any time. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, via posting on the Site. Your continued use of the Site after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications.
SCOPE OF USE
The Company invites you to view, use and download a single copy of this Site for your informational, personal, non-commercial use. Except as otherwise provided herein, no part of any materials, information, software, products or services included in or available through this Site may be copied, downloaded, or stored in a retrieval system, nor may the same be redistributed for any purpose, without the express written permission of the Company.
COMPLIANCE WITH LAWS
You agree to comply with all laws, rules and regulations applicable to your use of the Site.
TRADEMARKS
"Company Marks" means EpiCentre Theater Partners, LLC; EpiCentre Theaters; Mez Restaurant; and all other trademarks, service marks and other commercial symbols used in connection with the Company or its affiliates' business. All Company Marks are the exclusive property of the Company, its affiliates or third-party licensors. This Agreement does not authorize you to use any Company Mark, and you agree not to use any Company Mark in any manner without the prior written consent of the Company, which consent may be withheld in the sole discretion of the Company. Unauthorized use of any Company Mark may be a violation of federal and state trademark laws.
COPYRIGHT
This Site is protected by U.S. copyright laws and international treaties. All materials contained in the Site are the copyrighted property of the Company or its affiliates or third-party licensors. Except for your informational, personal, non-commercial use as authorized above, you may not use, modify, reproduce, distribute, transmit, republish or display the content, design or layout of the Site, or any components thereof, without the express written permission of the Company.
LINKS TO THIRD PARTY WEBSITES
This Site may produce automated search results or otherwise link you to other websites on the Internet. These other websites are not under the control of the Company, and you acknowledge and agree that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such websites. The inclusion of such a link does not imply endorsement of the website by the Company or any association with its operators, and the Company disclaims all liability with respect to such linked websites, including but not limited to your access to and/or use of the same.
REGISTRATION AND PASSWORDS
The Site may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Site. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY AND ITS AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its affiliates, and their respective employees, contractors, agents, officers, and directors from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to any User Content [THIS TERM NEEDS TO BE DEFINED] you submit, post, transmit or make available through the Site, your violation of this Agreement, or your violation of any third party rights.
CHOICE OF LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of North Carolina without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of this Agreement and/or your use of the Site must be resolved in the state courts situated in Mecklenburg County, State of North Carolina, or in the federal courts situated in the Western District of North Carolina. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.
EQUITABLE RELIEF
You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, the Company shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If the Company seeks any equitable remedies, it shall not be precluded or prevented from seeking remedies at law, nor shall it be deemed to have made an election of remedies.
ATTORNEYS' FEES
In addition to any other relief, the prevailing party in any action arising out of this Agreement shall be entitled to attorneys' fees and costs.
SEVERABILITY
If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
WAIVER
Any waiver by the Company of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any waiver must be in writing. Failure by the Company to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive the Company of the right to insist upon strict adherence to that term or any other term of this Agreement.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement.
QUESTIONS
If you have any questions about this Agreement, you can contact us as follows:
You can send your request for information to the following email address: webmaster@epicentretheaters.com
You can send your request for information to the following postal address:
EpiCentre Theater Partners, LLC
5625 Fairview Road
Charlotte, N.C. 28209
Attn: Customer Service
