Terms of Service
Date of Last Revision: August 30, 2023
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Table of Contents
General
These Terms constitute a legally binding agreement between you and EWM AS, a Norwegian corporation, and its subsidiaries, representatives, affiliates, officers, and directors (collectively, “Epic Win Movement,” “we,” “us,” or “our”) governing your use of Epic Win Movement’s website and service, or services directly related to Epic Win Movement’s website and service, including (without limitation) all websites, mobile applications, and other interactive properties through which such services are delivered, or live events sponsored or facilitated by Epic Win Movement (collectively, the “Service” or “Services”).
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By accessing and/or using our Services, whether or not you register for a membership, you are agreeing to the Terms, the terms and conditions of our Privacy Policy, and any other legal notices or other rules, policies, and procedures relating to the Services that we may publish from time to time (collectively, the “Governing Documents”). Therefore, please carefully review these documents. If you do not agree, do not access and/or use the Services. If there is a conflict between these Terms and any other terms and conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise. In these Terms, the words “including” and “include” mean “including, but not limited to.” We may, at our sole discretion, modify these Terms at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications.
If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Account Terms
Students and Facilitators must be at least 18 years of age to create an account on Epic Win Movement and use the Services (Facilitators referred to in Terms of Service include teachers, coaches and other facilitators of learning processes at Epic Win Movement). If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the U.S. or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you watch or participate in classes or other content that is appropriate for you. Additionally, the following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
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You must provide us with the following information in order to create a Epic Win Movement account: an email address you control and use and your zip code. You must also provide us with valid credit card information.
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You must keep all of your information up to date.
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You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
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Your account must be used by you alone. You may not share your account, your login information, access to your Epic Win Movement membership, or any content contained on the Service with anyone else and you may not create an email alias for purposes of sharing your Epic Win Movement membership with other individuals or groups. This rule does not apply solely where an organization has created a single account for the limited purpose of publishing class material on behalf of multiple Facilitators, with the permission of each of those Facilitators.
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You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. Epic Win Movement will not be liable for any loss or damage from your failure to comply with this security obligation.
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Your use of the Service is subject to all applicable laws and regulations. You will use the Service only for lawful purposes.
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Our Service may integrate with third-party tools to provide certain features or functionality. By using our Service, you agree to be bound by the terms of service and privacy policies of these third-parties.
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You will comply with our Community Guidelines whenever you use the Service, including during your participation in any Event.
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You will use any data associated with the Service in accordance with our Privacy Policy.
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By enrolling in a class, other content on Epic Win Movement, or an Event, you grant us permission to share your information, including personal data (as further specified in our Privacy Policy), with the Teacher offering the content or Event.
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You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf.
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You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
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You can terminate your account at any time by following the steps here. Review our Privacy Policy to see what happens when you terminate your account.
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We may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email, using the email address we have for you on file, before terminating your account, in an effort to provide you with an opportunity to log in to your account so that it remains active.
Subscriptions and Payments
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Unless you enrolled via a gift card or scholarship, your subscription will continue and automatically renew on an annual or monthly basis unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. When your subscription renews each year or month, we will automatically charge your payment method on file for the subscription fee, as well as any applicable tax, on the calendar day corresponding to the commencement of your paying membership. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. We reserve the right to change the timing of our billing, including if your payment method has not successfully settled.
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If you are located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
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Epic Win Movement collects all fees through secure third-party payment processors. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards, Vipps and PayPal. Such payment methods are subject to change. Information that you supply to our payment processors is not stored by us or within our control, and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments and Epic Win Movement is not responsible for any fees charged by them. Epic Win Movement disclaims all liability with regard to any fees or problems you have with third-party payment processors.
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If you enroll in a Epic Win Movement subscription via a gift card or scholarship, you will not be required to provide a payment method at the time of enrollment and your subscription will end automatically at the conclusion of the subscription period provided by your gift card or scholarship. If you wish to continue your subscription beyond that period, you will need to enroll in an automatically renewing subscription and provide a method of payment.
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Epic Win Movement reserves the right to develop and launch new products or services or make changes to any products or services offered through the Service. If you choose to purchase any additional products or services offered by Epic Win Movement or Facilitators, you may be charged additional amounts for such products or services.
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Epic Win Movement also reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.
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Price changes, whether pertaining to subscriptions or other products, may be the result of many factors, including changes in costs related to procuring content or providing the Services, changes to market conditions or the consumer price index, or changes to applicable tax rates. Should these costs go up, we may increase our prices accordingly. Should these costs go down, we may decrease our prices accordingly.
Free Trials and Other Promotions or Sales
From time to time, we or others on our behalf may offer trials of paid subscriptions to our Epic Win Movement membership for a specified period without payment or at a reduced rate (a “Trial”). Epic Win Movement reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. For some Trials, we will require you to provide a payment method to start the Trial. At the end of such Trials, we will automatically charge you via that payment method for the applicable paid subscription on the first day following the end of the Trial and on a recurring annual basis, unless you cancel prior to the end of the free Trial, or before the renewal date, as applicable. By providing your payment details in conjunction with the Trial, you agree to this charge using such payment method. If you do not want this initial charge, or the renewal charge, you must cancel the applicable paid subscription prior to the charge through your payment settings within your Epic Win Movement account.
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We also occasionally run time-limited promotions and sales, during which time the cost of subscription may be lower. The subscription price we offer may be different when you are logged into your account compared to the price available to users who aren’t registered or logged in, for example because some of our promotions are available only to new users. Unless explicitly designated otherwise, promotional or sale prices are limited to one year of subscription. At the end of that year, your subscription will automatically renew at the then-applicable full annual price, unless you cancel prior to renewal by changing your settings on your account profile.
Refunds
Please consult our Refund Policy to learn more about whether you might be entitled to a refund for your purchase.
Epic Win Movement has no obligation to consider or grant refund requests, including (i) for subscription plans purchased with a 7-day or longer free trial; or (ii) that otherwise do not follow our Refund Policy. To the extent permissible under applicable law, you are entitled to one refund only. Once a refund for a subscription is confirmed, you will lose all access to your Epic Win Movement membership.
We will not provide refunds to users who have acted in a fraudulent manner or in a way that violates or would violate these Terms or our Community Guidelines (as determined in our sole discretion), including users who have been deactivated for the same.
If you purchased a subscription through the Apple iTunes Store, our iPhone application, the Google Play Store, or our Android application, please consult the refund policy associated with the service by which you subscribed.​
User Content
These Terms define “User Content” as any design, text, graphic, image, video, logo, button icon, software, audio file, computer code, digital goods, or other content that a user (including both Students and Faciltators) posts, submits, transmits, uploads, or otherwise includes or makes available on and/or via the Service. You represent and warrant that you own all intellectual property rights in the User Content and/or have obtained all authorizations and rights, including permission from any copyright or trademark owner or releases from any models or other individuals appearing in any User Content, necessary for you to display, promote, and otherwise exploit the User Content through the Services, and to convey all rights granted under these Terms.
No User Content or other material made available on or through the Service may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used by other users to create derivative works, in any way, without written permission of the applicable rights holder unless such User Content is specifically made available for and authorized to be downloaded from the Service, in which case you are authorized to download a single copy of such content for your own personal, noncommercial, and educational use. For example, certain class modules may be made available as unprotected PDF files that can be downloaded by Students and/or other users of the Service. User Content not made available for download may not be downloaded or copied without prior written permission. Modification of User Content obtained from the Service, for any other purpose, including any commercial purpose, is a violation of the rights of Epic Win Movement or its users or licensors, unless you have obtained express written authorization to the contrary.
We neither endorse nor assume any liability for any User Content posted to the Service. We do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the User Content. If you access User Content, you rely on any information provided in that User Content at your own risk.
However, we and our agents have the right, at our sole discretion, to remove any User Content that, in our judgment, does not comply with the Governing Documents, applicable law, and/or any other rules of user conduct for the Service, or that is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any User Content from the Service. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Content, whether it is your own or another user’s. If you believe that User Content on the Epic Win Movement platform violates a patent, trademark, trade secret, right of publicity, or other right of any party, you can contact Epic Win Movement at epicwinmovement@gmail.com. Any feedback, comments, or suggestions you may provide regarding Epic Win Movement or the Service is entirely voluntary and you authorize Epic Win Movement to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit, without any obligation to you. You agree that you shall have no recourse against Epic Win Movement for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Epic Win Movement.
Prohibited Uses
To use the Service, you must agree to comply with the following:
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You will not upload, share, post, transmit, distribute, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships or that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property right of any party.
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You will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
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You will not upload, share, post, transmit, distribute, or otherwise make available or partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates applicable law or our rules or policies.
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You will not partake in any behavior nor upload, share, post, transmit, distribute, or otherwise make available any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals, including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
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You will not impersonate any person or entity, including any of our employees or representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity.
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You will not stalk, harass, or harm another person via use of the Services, including Epic Win Movement personnel.
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You will not harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent.
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You will not interfere with any Epic Win Movement content or User Content (as defined below).
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You will not remove any copyright, trademark, or other proprietary rights notices contained in or on the Epic Win Movement content, or any works other than your own.
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You will not use any robots, spiders, or similar data mining, data gathering, extraction tools, or manual processes to collect, gather, or copy any content or data on or related to the Service in a manner not authorized by Epic Win Movement in writing.
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You will not distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit, or otherwise make available through the Services any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
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You will not engage in practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Epic Win Movement in writing.
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You will not interfere or attempt to interfere with the proper working of the Services or any activities conducted through them, including by bypassing any measures we may use to prevent or restrict access to the Services, or by circumventing or manipulating our payment process.
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You may not frame, mirror, or otherwise simulate the appearance or function of the Epic Win Movement content, or any user’s works, or forge headers, icons, or otherwise manipulate identifiers in order to disguise the origin of any Epic Win Movement content transmitted through the Services.
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You may not decompile, disassemble, or otherwise reverse engineer the Services, Epic Win Movement content, or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services.
Our Materials and License to You
All right, title, and interest in and to the Epic Win Movement Services, including our websites, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Service (but excluding content provided by Facilitators and Students) are and will remain the exclusive property of Epic Win Movement and its licensors. Our Services are protected by copyright, trademark, and other laws of both Norway and foreign countries. Nothing gives you a right to use the Epic Win Movement´s name or any of the Epic Win Movement trademarks, logos, domain names, and other distinctive brand features.
Subject to your compliance with these Terms we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your personal, noncommercial, and educational use, solely as expressly permitted by these Terms and subject to all the terms and conditions of these Terms and other Governing Documents, all applicable laws, and any additional terms contained on the Service. Any other use of the Services is strictly prohibited. Nothing contained on the Services should be interpreted as granting to you any license or right to use any of the Services, User Content (as defined below), and/or any third-party proprietary content on the Services without the express written permission of Epic Win Movement or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by Epic Win Movement.
Cancellations
You may cancel your Epic Win Movement membership at any time for any or no reason, but if you cancel your membership before the end of the current subscription period, we will not refund any subscription fees already paid to us or charged to your payment method except in the limited circumstances set forth in Section II.C above. To cancel your recurring subscription, please visit your payment settings within your Epic Win Movement account. If you cancel your Epic Win Movment membership, you will lose access to all classes and Services you enrolled in during your Epic Win Movement membership at the end of your billing period. If you choose to sign back up as a paying member, your billing date will reset to the day you paid. If you pay for your subscription through an account with a third party (e.g., Apple iTunes or GooglePlay), you may have to cancel through that third party.
Live Events
Epic Win Movement or a Faciltator may inform you of and/or host a live event (“Event”) from time to time, for which you may be given or may be able to purchase tickets (each, a “Ticket”). The contract for the purchase or provision of a Ticket to an Event is formed when Epic Win Movement, or a third-party partner acting on Epic Win Movement´s behalf, sends you a confirmation email stating that you have been given a ticket.
You authorize us to charge your payment method for such a transaction, where applicable. By submitting an offer to purchase and providing us, or a third-party partner acting on our behalf, with your payment method at checkout, you authorize Epic Win Movement (acting by its payment processor) to charge that payment method to take payment for your order. We are not responsible for any losses you may suffer if the payment method you use to pay for a Ticket does not have sufficient funds to cover all costs of that order. Events may take place in different countries, and Tickets will be sold in several currencies. You shall be responsible for any additional charges to which you may be subject by your credit or debit card provider or bank, or any currency exchange rate fluctuations and Epic Win Movement does not accept liability for these.
Epic Win Movement is not obliged to offer refunds for Tickets purchased for a specific date, should you change your mind about your purchase or fail to attend the Event. Should an Event be canceled, you will be entitled to a full refund of the price paid for any Tickets you purchased for that Event. A Ticket is a personal revocable license which may be withdrawn, and admission refused, at any time, subject to these Terms and any terms related to the Event or on the Ticket itself. Before you purchase a Ticket, Epic Win Movement or the hosting Facilitator will generally inform you of any restrictions which apply to entry. Epic Win Movement will not be responsible for the consequences of any failure by you to abide by such information provided pre-purchase. Ticket holders may also be ejected from an Event at any time if Epic Win Movement employees or an event organizer or those working on their behalf determines that the Ticket holder is acting in contravention of the law, is a safety or security risk, may affect the enjoyment of others at the Event, or may cause damage, nuisance, or injury.​
If You See Something That Infringes Your Copyright
In accordance with the Copyright law of the European Union, we’ve adopted the following policy toward copyright infringement. We reserve the right to block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users, and remove and discontinue service to repeat offenders.
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Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Service infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send us a notice of copyright infringement.
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A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
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Identification of works or materials being infringed;
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Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Epic Win Movement is capable of finding and verifying its existence;
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Contact information about the notifier, including address, telephone number, and, if available, email address;
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A statement that the notifier has a good faith belief that the material identified as infringing is not authorized by the copyright owner, its agent, or the law; and
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A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Disclaimer of Warranties
The Service and all materials included therein (whether housed on the Service alone or also on a third-party platform) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the Service and materials will meet your requirements, (b) the Service and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service or materials will be effective, accurate, or reliable, or (d) the quality of any class or Event that you attend via the Service, or any other products, services, or information purchased or obtained by you from the Service, from us or our affiliates, will meet your expectations or be free from mistakes, errors, or defects. The use of the Service or the downloading or other acquisition of any materials through the Service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage or loss of data that results from such activities.
In the event that any content available on the Service is also available through any third-party platform, or if Epic Win Movement provides links from the Service to any third-party platform or permits any third-party to link from its platform to the Service, you understand and agree that Epic Win Movement makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Epic Win Movement , and Epic Win Movement provides and/or permits these links only as a convenience to you.
Epic Win Movement-affiliated content available through the Service or a third-party platform or presented at any class or Event represents the opinions and judgments of an information provider, user, Student, Facilitator, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone, including any Facilitator(s), other than an authorized Epic Win Movement spokesperson speaking in his/her official capacity. Epic Win Movement does not (i) directly or indirectly provide financial advice or financial opinions. You agree and understand that Epic Win Movement assumes no liability for the accuracy or completeness of any content offered on the Service.
Limitation of Liability
In no event shall Epic Win Movement or its officers, directors, employees, agents, affiliates, and their respective successors and assigns (collectively, the “Epic Win Movement Parties”) be liable to you or any third-party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including those resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the Service, any Event, or any web site or third-party platform referenced or linked to from the Service or that otherwise displays Epic Win Movement-affiliated content. Further, neither we, nor any other Epic Win Movement party, shall be liable in any way for any class, Event, or other third-party goods and services offered through the Service or through a third-party platform. You agree that Epic Win Movement is not party to any transaction between any Student and/or Facilitator and cannot be held responsible for any issues arising from any such transaction. We have no control over and do not guarantee the accuracy or validity of any statement, claim, or offering made by a Facilitator, nor do we guarantee the performance or conduct of any Facilitator, Student, or third party. We are also not liable for the acts or omissions of any third parties, including third parties you might interact with during a class or Event. We generally do not have control over the identity or actions of the individuals who are present at these classes or Events, and we require that our users exercise caution and good judgment when participating in classes or Events. ​
Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and the other Epic Win Movement harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms or any of the other Governing Documents, or negligent or wrongful conduct, including with respect to any User Content you upload or place onto the Epic Win Movement Platform. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.​
Sanctions and Export Laws
You acknowledge that the Services and the items made available through the Services, are subject to EU export control and sanctions laws and regulations. You represent and warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in, or a resident of, any country that is subject to applicable EU trade sanctions. You represent and warrant that you are not a person or entity who is named on any EU list of restricted parties that would require a license to use the Service. You also represent and warrant that you are not owned 50% or more by such a restricted party, if such ownership would cause you to become subject to similar restrictions. If you become subject to such a restriction during the term of any agreement with Epic Win Movement, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Epic Win Movement). You may not access, use, export, re-export, divert, transfer in-country, or disclose any portion of the Services or any related software, technical information, or materials, directly or indirectly, in violation of any EU applicable Export Controls and Sanctions Laws, rules, and regulations and requirements. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled by such laws.
How To Contact Us
The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.​
Miscellaneous
You agree that the Service shall be deemed a passive interactive service based solely in Norway and shall not give rise to personal jurisdiction over Epic Win Movement, either specific or general, in jurisdictions other than Norway. These Terms, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of Norway, without regard to conflicts of law principles. You agree that any legal action or proceeding between Epic Win Movement and you for any purpose concerning these Terms, the Privacy Policy, the other Governing Documents, or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Norway. and you submit to personal jurisdiction therein and agree to waive any objection that such courts are an inconvenient forum for the resolution of such action. Epic Win Movement may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Service to any affiliate or partner of Epic Win Movement or to another third party in the event that some or all of the business of Epic Win Movement is transferred to such other third party by way of merger, sale of its assets, or otherwise.
Any rights of Epic Win Movement not expressly granted herein are reserved.​