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Legal Notice & Terms of Use

Erwin Penland LLC and its affiliates maintains this site (the “Site”) for your information, education and communication. Please read these terms of use, along with the Privacy Policy, carefully before using the Site. Access to and use of this Site is subject to the terms and conditions set forth below. We require that all the visitors to our site(s) on the World Wide Web (the "Site") adhere to the following rules and regulations. Your use of the Site signifies your acceptance of these terms of use. If you do not agree to these terms of use, please do not use the Site.

Laws and Regulations
User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.

This Site is owned and operated by Erwin Penland LLC. Modification of materials from this Site or use for any other purpose is a violation of Erwin Penland LLC’s copyright and other proprietary rights. Use of any such material from this Site on any other Web site or networked computer environment is prohibited. No material from epandcompany.com or any Web site owned, operated, licensed or controlled by Erwin Penland LLC may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way except as set forth below under Trademarks and Copyrights. Technically, visiting the Site constitutes downloading of Software. Any downloading of software from the Site, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is a mere license to you by Erwin Penland LLC and no title to Software is transferred to you. While you may own the medium on which the Software is displayed, notwithstanding same, Erwin Penland LLC retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile or disassemble the Software. Your privilege to view the Site does not entitle you to link to the Site from any other site (whether such link is to the home page or any other page contained on the Site, and whether such link opens in a frame, a new window or otherwise). If you wish to add a link to the Site, you must first obtain the express written consent of the webmaster, which may be withheld in the webmaster's sole discretion.

Confidentiality of User Communications
Except as required by law and in accordance with Erwin Penland LLC’s Privacy Policy, Erwin Penland LLC will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to Erwin Penland LLC. Postings by a user on any message board or in any chat room will not be protected as confidential and Erwin Penland LLC may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to its parent company, or any of its subsidiaries and affiliates, for any purpose whatsoever and as deemed appropriate by Erwin Penland LLC.
User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. Erwin Penland LLC is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Trademarks and Copyrights
All names, logos and marks appearing in this Site, except as otherwise noted, are trademarks owned or used under license by Erwin Penland LLC in the geographies where Erwin Penland LLC markets products or services bearing such trademarks. The use or misuse of these trademarks or any other content on this Site is strictly prohibited.
Erwin Penland LLC retains all copyrights and all other intellectual property rights to the information provided by Erwin Penland LLC through this Site. Subject to the following conditions, we invite you to use and distribute copies of these documents.

  • Please restrict duplication to informational purposes only, as these documents may not be sold or redistributed for commercial gain.
  • The notice "Copyright © Erwin Penland LLC”. All rights reserved." must appear on every copy of the documents or any portion thereof.
  • Corporate names and logos of Erwin Penland LLC and its subsidiaries and affiliates may not be altered or used in advertising or publicity releases without specific, prior written permission for each intended use.

Linked Sites
Erwin Penland LLC does not accept submissions through this Site unless explicitly requested; therefore, please do not make any submissions to Erwin Penland LLC through this Site or otherwise. While Erwin Penland LLC welcomes comments or suggestions regarding our products and/or services, Erwin Penland LLC cannot make any guarantee that it will respond to any message. Erwin Penland LLC does not wish to receive any unsolicited ideas, comments, suggestions, materials, proposals or information ("Unsolicited Material"). If you transmit or send any Unsolicited Material to Erwin Penland LLC, via the Site, email or other means, Erwin Penland LLC will consider such Unsolicited Material to be non-confidential and non-proprietary and Erwin Penland LLC will have no obligations with respect to any Unsolicited Material. From time to time, Erwin Penland LLC may allow you to provide feedback ("Feedback") to Erwin Penland LLC. If you do provide any Feedback to Erwin Penland LLC, Erwin Penland LLC will consider such Feedback to be non-confidential and non-proprietary. Erwin Penland LLC is free to use, without compensation of any kind, any Unsolicited Materials or Feedback in any manner and for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services incorporating or based on such Unsolicited Material or Feedback. Erwin Penland LLC shall not be responsible for the similarity of any of its content in any media to Unsolicited Materials or Feedback transmitted.

Erwin Penland LLC uses reasonable efforts to ensure that the information and materials contained in this Site are current and accurate. Erwin Penland LLC makes no representations or warranties as to the accuracy, reliability or completeness of the information, text, graphics, links or other items contained in the Site. Erwin Penland LLC expressly disclaims liability for any errors or omissions in the materials contained in the Site. Erwin Penland LLC reserves the right to make changes in the programs, policies, products and services described in this Site at any time without notice. INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ERWIN PENLAND LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AGENCY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Erwin Penland LLC expressly disclaims all liability for the use or interpretation by others of information contained in this Site. A visitor who uses, or makes decisions based on information contained in this Site does so at the visitor’s own risk. In exchange for using this Site, the visitor agrees to hold Erwin Penland LLC and its affiliates harmless against any claims for damages arising from any decisions that the visitor makes based on such information.

Limitations of Liability
Under no circumstances, including, but not limited to, negligence, shall Erwin Penland LLC be liable for any incidental, indirect, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if Erwin Penland LLC or an Erwin Penland LLC authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Erwin Penland LLC’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Site.

Transmission of Personal Data
User acknowledges and agrees that by providing Erwin Penland LLC with any personal or proprietary user information through the Site, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Erwin Penland LLC’s standard business practices.
User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. Erwin Penland LLC is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Changes to Terms of Use
Erwin Penland LLC reserves the right to revise this Legal Notice & Terms of Use at any time and users are deemed to be apprised of and bound by any changes to this Legal Notice & Terms of Use.

Violations of Terms of Use
Erwin Penland LLC reserves the right to seek all remedies available at law and in equity for violations of this Legal Notice & Terms of Use, including the right to block access from a particular Internet address to the Site.

Use of "Cookie" File Features
Erwin Penland LLC reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect users' preferences. Erwin Penland LLC’s Privacy Policy provides additional information regarding Erwin Penland LLC’s use of cookies as well as procedures for disabling cookies. View Erwin Penland LLC’s Privacy Policy, about "Cookies".

Jurisdiction/Governing Law
Users of this Site agree that these terms shall be governed by, construed and enforced in accordance with the laws of South Carolina, USA (unless otherwise expressly set forth to the contrary), as it is applied to agreements entered into and to be performed entirely within such State and applicable federal law without regard to conflict of laws principles. Any action you bring to enforce this agreement or any matters related to the Site shall be brought in either the State or Federal Courts located in South Carolina. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions shall not be affected.