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EPIC! TERMS OF SERVICE

Last Updated: February 24, 2022

Welcome, and thank you for your interest in Epic! Creations, Inc. (“Epic!”
“EPIC” “we,” or “us”) and our website at www.getepic.com, along with our related
websites, networks, applications, and other services provided by us
(collectively, the “Service”). These Terms of Service are a legally binding
contract between you and Epic! regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE
THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE
SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING
EPIC!’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO
NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.
YOUR USE OF THE SERVICE, AND EPIC!’S PROVISION OF THE SERVICE TO YOU,
CONSTITUTES AN AGREEMENT BY Epic! AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section
16, you agree that disputes arising under these Terms will be resolved by
binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND EPIC! ARE
EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION
OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to
assert or defend your rights under this contract (except for matters that may be
taken to small claims court). Your rights will be determined by a NEUTRAL
ARBITRATOR and NOT a judge or jury. (See Section 16.)

1.   Overview. Epic! provides its users with online access to books and other
digital content (“Content”). Epic! offers accounts for teachers, librarians and
educators (“Educators”) and parents or legal guardians (“Parents”). To access
most features of the Service, you must register for either an Educator or Parent
account.

2.   Eligibility. By agreeing to these Terms, you represent and warrant to us
that: (a) you are at least 18 years old; (b) you have not previously been
suspended or removed from the Service; and (c) your registration and your use of
the Service is in compliance with any and all applicable laws and regulations.
If you are under the age of 18, you represent that you have your Parent’s
permission to use the Service.

2.1       Educators. If you are an Educator accessing the Service on behalf of a
school or other entity, organization or company, then (a) references to “you” in
these Terms includes that entity, and (b) you represent and warrant that you are
authorized to enter into these Terms on behalf of such entity.

2.2       Parents. If you are a Parent who allows your minor children to use the
Service through your account, you accept these Terms on behalf of your child and
are responsible for your child’s activity on the Service.

3.   Accounts and Registration. When you register for an account, you may be
required to provide us with some information about yourself, such as your name,
email address, or other contact information. You agree that the information you
provide to us is accurate and that you will keep it accurate and up-to-date at
all times. When you register, you will be asked to provide a password. You are
solely responsible for maintaining the confidentiality of your account and
password, and you accept responsibility for all activities that occur under your
account. If you believe that your account is no longer secure, then you must
immediately notify us at support@getepic.com.

4.   General Payment Terms. Although Epic! may, in its discretion, make certain
features and content of the Service available free of charge to certain users,
other features of the Service may require you to pay fees in accordance with the
terms below. Before you pay any fees, you will have an opportunity to review and
accept the fees that you will be charged. All fees are in U.S. Dollars and are
non-refundable.

4.1       Price. Epic! reserves the right to determine pricing for the Service.
Epic! will make reasonable efforts to keep pricing information published on the
website up to date. We encourage you to check our website periodically for
current pricing information. Epic! may change the fees for any feature of the
Service, including additional fees or charges, if Epic! gives you advance notice
of changes before they apply. Epic!, at its sole discretion, may make
promotional offers with different features and different pricing to any of
Epic!’s customers. These promotional offers, unless made to you, will not apply
to your offer or these Terms.

4.2       Authorization. You authorize Epic! to charge all sums for the orders
that you make and any level of Service you select as described in these Terms or
published by Epic!, including all applicable taxes, to the payment method
specified in your account. If you pay any fees with a credit card, Epic! may
seek pre-authorization of your credit card account prior to your purchase to
verify that the credit card is valid and has the necessary funds or credit
available to cover your purchase.

4.3       Subscription Service. The Service may include automatically recurring
payments for periodic charges (“Subscription Service”). If you activate a
Subscription Service, you authorize Epic! to periodically charge, on a
going-forward basis and until cancellation of either the recurring payments or
your account, all accrued sums on or before the payment due date for the accrued
sums. The “Subscription Billing Date” is the date when you purchase your first
subscription to the Service. For information on the “Subscription Fee”, please
see https://www.getepic.com/plans. UNLESS EXPRESSLY STATED OTHERWISE AT THE TIME
YOU ACTIVATE THE SUBSCRIPTION SERVICE: (A) YOUR ACCOUNT WILL BE CHARGED
AUTOMATICALLY ON THE SUBSCRIPTION BILLING DATE ALL APPLICABLE FEES AND TAXES FOR
THE NEXT SUBSCRIPTION PERIOD, (B) THE SUBSCRIPTION WILL CONTINUE UNLESS AND
UNTIL YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT, AND (C) YOU MUST CANCEL
YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BILLING OF THE NEXT
PERIODIC SUBSCRIPTION FEE TO YOUR ACCOUNT. We will bill the periodic
Subscription Fee to the payment method you provide to us during registration (or
to a different payment method if you change your payment information). You may
cancel the Subscription Service by following the instructions here or contacting
us at: support@getepic.com.

4.4       Delinquent Accounts. Epic! may suspend or terminate access to the
Service, including fee-based portions of the Service, for any account for which
any amount is due but unpaid. In addition to the amount due for the Service, a
delinquent account will be charged with fees or charges that are incidental to
any chargeback or collection of any the unpaid amount, including collection
fees.

5.   Licenses

5.1       Limited License. Subject to your complete and ongoing compliance with
these Terms, Epic! grants you, solely for your personal use, a limited,
non-exclusive, non-transferable, non-sublicensable, revocable license to access
and use the Service.

5.2       License Restrictions. Except and solely to the extent such a
restriction is impermissible under applicable law, you may not: (a) reproduce,
distribute, publicly display, or publicly perform the Service; (b) make
modifications to the Service; or (c) interfere with or circumvent any feature of
the Service, including any security or access control mechanism. If you are
prohibited under applicable law from using the Service, you may not use it.

5.3       Feedback. If you choose to provide input and suggestions regarding
problems with or proposed modifications or improvements to the Service
(“Feedback”), then you hereby grant Epic! an unrestricted, perpetual,
irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the
Feedback in any manner and for any purpose, including to improve the Service and
create other products and services.

6.   Ownership; Proprietary Rights. The Service is owned and operated by Epic!
The Content, visual interfaces, graphics, design, compilation, information,
data, computer code (including source code or object code), products, software,
services, and all other elements of the Service (“Materials”) provided by Epic!
are protected by intellectual property and other laws. All Materials included in
the Service are the property of Epic! or its third party licensors. Except as
expressly authorized by Epic!, you may not make use of the Materials. Epic!
reserves all rights to the Materials not granted expressly in these Terms.

7.   Third Party Services and Linked Websites. Epic! may provide tools through
the Service that enable you (if you are at least 18 years of age) to export
information, including User Content, to third party services. By using one of
these tools, you agree that Epic! may transfer that information to the
applicable third party service. Third party services are not under Epic!’s
control, and, to the fullest extent permitted by law, Epic! is not responsible
for any third party service’s use of your exported information. The Service may
also contain links to third party websites. Linked websites are not under
Epic!’s control, and Epic! is not responsible for their content.

8.   User Content

8.1       User Content Generally. Certain features of the Service may permit
users to upload content to the Service, including messages, reviews, photos,
video, images, folders, data, text, and other types of works (“User Content”)
and to publish User Content on the Service. You retain any copyright and other
proprietary rights that you may hold in the User Content that you post to the
Service.

8.2       Limited License Grant to Epic! By providing User Content to or via the
Service, you grant Epic! a worldwide, non-exclusive, royalty-free, fully paid
right and license (with the right to sublicense) to host, store, transfer,
display, perform, reproduce, modify for the purpose of formatting for display,
and distribute your User Content, in whole or in part, in any media formats and
through any media channels now known or hereafter developed.

8.3       User Content Representations and Warranties. Epic! disclaims any and
all liability in connection with User Content. You are solely responsible for
your User Content and the consequences of providing User Content via the
Service. By providing User Content via the Service, you affirm, represent, and
warrant that:
 a. you are the creator and owner of the User Content, or have the necessary
    licenses, rights, consents, and permissions to authorize Epic! and users of
    the Service to use and distribute your User Content as necessary to exercise
    the licenses granted by you in this Section, in the manner contemplated by
    Epic!, the Service, and these Terms;
 b. your User Content, and the use of your User Content as contemplated by these
    Terms, does not and will not: (i) infringe, violate, or misappropriate any
    third party right, including any copyright, trademark, patent, trade secret,
    moral right, privacy right, right of publicity, or any other intellectual
    property or proprietary right; (ii) slander, defame, libel, or invade the
    right of privacy, publicity or other property rights of any other person; or
    (iii) cause Epic! to violate any law or regulation; and
 c. your User Content could not be deemed by a reasonable person to be
    objectionable, profane, indecent, pornographic, harassing, threatening,
    embarrassing, hateful, or otherwise inappropriate.

8.4       User Content Disclaimer. Epic! does not control and does not have any
obligation to monitor: (a) User Content; (b) any content made available by third
parties; or (c) the use of the Service by its users. We will not be in any way
responsible or liable for User Content. Epic! may, however, at any time and
without prior notice, screen, remove, edit, or block any User Content that in
our sole judgment violates these Terms or is otherwise objectionable. You
acknowledge and agree that Epic! reserves the right to, and may from time to
time, monitor any and all information transmitted or received through the
Service for operational and other purposes. If at any time Epic! chooses to
monitor the content, Epic! still assumes no responsibility or liability for
content or any loss or damage incurred as a result of the use of content. During
monitoring, information may be examined, recorded, copied, and used in
accordance with our Privacy Policy.

9.   Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
 a. use the Service for any illegal purpose or in violation of any local, state,
    national, or international law;
 b. violate, or encourage others to violate, any right of a third party,
    including by infringing or misappropriating any third party intellectual
    property right;
 c. interfere with security-related features of the Service, including by: (i)
    disabling or circumventing features that prevent or limit use or copying of
    any content; or (ii) reverse engineering or otherwise attempting to discover
    the source code of any portion of the Service except to the extent that the
    activity is expressly permitted by applicable law;
 d. interfere with the operation of the Service or any user’s enjoyment of the
    Service, including by: (i) uploading or otherwise disseminating any virus,
    adware, spyware, worm, or other malicious code; (ii) making any unsolicited
    offer or advertisement to another user of the Service; (iii) collecting
    personal information about another user or third party without consent; or
    (iv) interfering with or disrupting any network, equipment, or server
    connected to or used to provide the Service;
 e. perform any fraudulent activity including impersonating any person or
    entity, claiming a false affiliation, accessing any other Service account
    without permission;
 f. sell or otherwise transfer the access granted under these Terms or any
    Materials (as defined in Section 6) or any right or ability to view, access,
    or use any Materials; or
 g. attempt to do any of the acts described in this Section 9 or assist or
    permit any person in engaging in any of the acts described in this Section
    9.

10.   Digital Millennium Copyright Act

10.1       DMCA Notification. We comply with the provisions of the Digital
Millennium Copyright Act applicable to Internet service providers (17 U.S.C.
§512, as amended). If you have an intellectual property rights-related complaint
about material posted on the Service, you may contact our Designated Agent at
the following address:

Epic! Creations, Inc.
ATTN: COO
228 Hamilton Avenue, floor 3
Palo Alto, CA 94301
(415) 944-7975
Email: copyright@getepic.com

Any notice alleging that materials hosted by or distributed through the Service
infringe intellectual property rights must comply include the following
information:

 a. an electronic or physical signature of the person authorized to act on
    behalf of the owner of the copyright or other right being infringed;
 b. a description of the copyrighted work or other intellectual property that
    you claim has been infringed;
 c. a description of the material that you claim is infringing and where it is
    located on the Service;
 d. your address, telephone number, and email address;
 e. a statement by you that you have a good faith belief that the use of the
    materials on the Service of which you are complaining is not authorized by
    the copyright owner, its agent, or the law; and
 f. a statement by you that the above information in your notice is accurate and
    that, under penalty of perjury, you are the copyright or intellectual
    property owner or authorized to act on the copyright or intellectual
    property owner’s behalf.

10.2       Repeat Infringers. Epic! will promptly terminate the accounts of
users that are determined by Epic! to be repeat infringers.

11.   Modification of these Terms. We may, from time to time, change these
Terms. Changes will apply only on a going-forward basis, and any disputes
arising under these Terms will be resolved in accordance with the version of
these Terms that was in effect at the time the dispute arose. Please check these
Terms periodically for changes. Unless otherwise stated, revisions will be
effective upon posting except that, for existing users, we will provide
reasonable advance notice of any material modifications of the Terms and the
opportunity to review the changes. If you do not agree to the modified Terms,
you may terminate your account prior to the effective date of the revised Terms
by contacting support@getepic.com to terminate your account, and, if you have
prepaid for any Services, request a pro rata refund for the remainder of your
prepaid subscription. Except as expressly permitted in this Section, these Terms
may be amended only by a written agreement signed by authorized representatives
of the parties to these Terms.

12.   Term, Termination and Modification of the Service

12.1       Term. These Terms are effective beginning when you accept the Terms
or first download, install, access, or use the Service, and ending when
terminated as described in Section 12.2.

12.2       Termination. If you violate any provision of these Terms, your
authorization to access the Service and these Terms automatically terminate. In
addition, Epic! may, at its sole discretion, terminate these Terms or your
account on the Service, or suspend or terminate your access to the Service, at
any time for any reason or no reason, with or without notice. You may terminate
your account and these Terms at any time by contacting customer service at
support@getepic.com.

12.3       Effect of Termination. Upon termination of these Terms: (a) your
license rights will terminate and you must immediately cease all use of the
Service; (b) you will no longer be authorized to access your account or the
Service; (c) you must pay Epic! any unpaid amount that was due prior to
termination; and (d) all payment obligations accrued prior to termination and
Sections 5.3, 6, 12.3, 13, 14, 15, 16, and 17 will survive.

12.4       Modification of the Service. Epic! reserves the right to modify or
discontinue the Service at any time (including by limiting or discontinuing
certain features of the Service), temporarily or permanently, without notice to
you. Epic! will have no liability for any change to the Service or any
suspension or termination of your access to or use of the Service. The
availability of Content may change from time to time, and from geographic
territory to territory. As a result, we do not guarantee that any Content will
be available or remain available on the Service.

13.   Indemnity. To the fullest extent permitted by law, you are responsible for
your use of the Service, and you will defend and indemnify Epic! and its
officers, directors, employees, consultants, affiliates, subsidiaries and agents
(together, the “Epic! Entities”) from and against every claim brought by a third
party, and any related liability, damage, loss, and expense, including
reasonable attorneys’ fees and costs, arising out of or connected with: (a) your
unauthorized use of, or misuse of, the Service; (b) your violation of any
portion of these Terms, any representation, warranty, or agreement referenced in
these Terms, or any applicable law or regulation; (c) your violation of any
third party right, including any intellectual property right or publicity,
confidentiality, other property, or privacy right; or (d) any dispute or issue
between you and any third party. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you (without limiting your indemnification obligations with
respect to that matter), and in that case, you agree to cooperate with our
defense of those claims.

14.   Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE
PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. EPIC! DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL
MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF
DEALING, USAGE, OR TRADE. EPIC! DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION
OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE
UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS,
AND EPIC! DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
SERVICE OR EPIC! ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE
SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE EPIC! ENTITIES OR THE
SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE
THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND
THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR
COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY
LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. Epic! does not disclaim any warranty or other right
that Epic! is prohibited from disclaiming under applicable law.

15.   Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EPIC! ENTITIES BE
LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER
INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR
INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE
SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EPIC! ENTITY HAS BEEN
INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 16.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW,
THE AGGREGATE LIABILITY OF THE Epic! ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT
OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE
OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS
LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO Epic! FOR ACCESS TO
AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE
GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES
ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN
ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE
PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS
OF ITS ESSENTIAL PURPOSE.

16.   Dispute Resolution and Arbitration

16.1       Generally. In the interest of resolving disputes between you and
Epic! in the most expedient and cost effective manner, and except as described
in Section 16.2 and 16.3, you and Epic! agree that every dispute arising in
connection with these Terms will be resolved by binding arbitration. Arbitration
is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of a judge or jury, may allow for more limited discovery than in court,
and can be subject to very limited review by courts. Arbitrators can award the
same damages and relief that a court can award. This agreement to arbitrate
disputes includes all claims arising out of or relating to any aspect of these
Terms, whether based in contract, tort, statute, fraud, misrepresentation, or
any other legal theory, and regardless of whether a claim arises during or after
the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO
THESE TERMS, YOU AND EPIC! ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION.

16.2       Exceptions. Despite the provisions of Section 16.1, nothing in these
Terms will be deemed to waive, preclude, or otherwise limit the right of either
party to: (a) bring an individual action in small claims court; (b) pursue an
enforcement action through the applicable federal, state, or local agency if
that action is available; (c) seek injunctive relief in a court of law in aid of
arbitration; or (d) to file suit in a court of law to address an intellectual
property infringement claim.

16.3       Opt-Out. If you do not wish to resolve disputes by binding
arbitration, you may opt out of the provisions of this Section 16 within 30 days
after the date that you agree to these Terms by sending a letter to Epic!
Creations, Inc., Attention: Legal Department – Arbitration Opt-Out, 228 Hamilton
Avenue, floor 3, Palo Alto, CA 94301, that specifies: your full legal name, the
email address associated with your account on the Service, and a statement that
you wish to opt out of arbitration (“Opt-Out Notice”). Once Epic! receives your
Opt-Out Notice, this Section 16 will be void and any action arising out of these
Terms will be resolved as set forth in Section 17.2. The remaining provisions of
these Terms will not be affected by your Opt-Out Notice.

16.4       Arbitrator. Any arbitration between you and Epic! will be settled
under the Federal Arbitration Act and administered by the American Arbitration
Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA
Rules”) as modified by these Terms. The AAA Rules and filing forms are available
online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting
Epic!. The arbitrator has exclusive authority to resolve any dispute relating to
the interpretation, applicability, or enforceability of this binding arbitration
agreement.

16.5       Notice of Arbitration; Process. A party who intends to seek
arbitration must first send a written notice of the dispute to the other party
by certified U.S. Mail or by Federal Express (signature required) or, only if
that other party has not provided a current physical address, then by electronic
mail (“Notice of Arbitration”). Epic!’s address for Notice is: Epic! Creations,
Inc., 228 Hamilton Avenue, floor 3, Palo Alto, CA 94301. The Notice of
Arbitration must: (a) describe the nature and basis of the claim or dispute; and
(b) set forth the specific relief sought (“Demand”). The parties will make good
faith efforts to resolve the claim directly, but if the parties do not reach an
agreement to do so within 30 days after the Notice of Arbitration is received,
you or Epic! may commence an arbitration proceeding. All arbitration proceedings
between the parties will be confidential unless otherwise agreed by the parties
in writing. During the arbitration, the amount of any settlement offer made by
you or Epic! must not be disclosed to the arbitrator until after the arbitrator
makes a final decision and award, if any. If the arbitrator awards you an amount
higher than the last written settlement amount offered by Epic! in settlement of
the dispute prior to the award, Epic! will pay to you the higher of: (i) the
amount awarded by the arbitrator; or (ii) $10,000.

16.6       Fees. If you commence arbitration in accordance with these Terms,
Epic! will reimburse you for your payment of the filing fee, unless your claim
is for more than $10,000, in which case the payment of any fees will be decided
by the AAA Rules. Any arbitration hearing will take place at a location to be
agreed upon in Santa Clara County, California, but if the claim is for $10,000
or less, you may choose whether the arbitration will be conducted: (a) solely on
the basis of documents submitted to the arbitrator; (b) through a non-appearance
based telephone hearing; or (c) by an in-person hearing as established by the
AAA Rules in the county (or parish) of your billing address. If the arbitrator
finds that either the substance of your claim or the relief sought in the Demand
is frivolous or brought for an improper purpose (as measured by the standards
set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all
fees will be governed by the AAA Rules. In that case, you agree to reimburse
Epic! for all monies previously disbursed by it that are otherwise your
obligation to pay under the AAA Rules. Regardless of the manner in which the
arbitration is conducted, the arbitrator must issue a reasoned written decision
sufficient to explain the essential findings and conclusions on which the
decision and award, if any, are based. The arbitrator may make rulings and
resolve disputes as to the payment and reimbursement of fees or expenses at any
time during the proceeding and upon request from either party made within 14
days of the arbitrator’s ruling on the merits.

16.7       No Class Actions. YOU AND EPIC! AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
unless both you and Epic! agree otherwise, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.

16.8       Modifications to this Arbitration Provision. If Epic! makes any
future change to this arbitration provision, other than a change to Epic!’s
address for Notice of Arbitration, you may reject the change by sending us
written notice within 30 days of the change to Epic!’s address for Notice of
Arbitration, in which case your account with Epic! will be immediately
terminated and this arbitration provision, as in effect immediately prior to the
changes you rejected will survive.

16.9       Enforceability. If Section 16.7 or the entirety of this Section 16 is
found to be unenforceable, or if Epic! receives an Opt-Out Notice from you, then
the entirety of this Section 16 will be null and void and, in that case, the
exclusive jurisdiction and venue described in Section 17.2 will govern any
action arising out of or related to these Terms.

17.   Miscellaneous

17.1       General Terms. These Terms, together with the Privacy Policy and any
other agreements expressly incorporated by reference into these Terms, are the
entire and exclusive understanding and agreement between you and Epic! regarding
your use of the Service. You may not assign or transfer these Terms or your
rights under these Terms, in whole or in part, by operation of law or otherwise,
without our prior written consent. We may assign these Terms at any time without
notice or consent. The failure to require performance of any provision will not
affect our right to require performance at any other time after that, nor will a
waiver by us of any breach or default of these Terms, or any provision of these
Terms, be a waiver of any subsequent breach or default or a waiver of the
provision itself. Use of section headers in these Terms is for convenience only
and will not have any impact on the interpretation of any provision. Throughout
these Terms the use of the word “including” means “including but not limited
to”. If any part of these Terms is held to be invalid or unenforceable, the
unenforceable part will be given effect to the greatest extent possible, and the
remaining parts will remain in full force and effect.

17.2       Governing Law. These Terms are governed by the laws of the State of
California without regard to conflict of law principles. You and Epic! submit to
the personal and exclusive jurisdiction of the state courts and federal courts
located within Santa Clara County, California for resolution of any lawsuit or
court proceeding permitted under these Terms. We operate the Service from our
offices in California, and we make no representation that Materials included in
the Service are appropriate or available for use in other locations.

17.3       Privacy Policy. Please read the Epic! Privacy Policy carefully for
information relating to our collection, use, storage, disclosure of your
personal information. The Epic! Privacy Policy is incorporated by this reference
into, and made a part of, these Terms.

17.4       Additional Terms. Your use of the Service is subject to all
additional terms, policies, rules, or guidelines applicable to the Service or
certain features of the Service that we may post on or link to from the Service
(the "Additional Terms"). All Additional Terms are incorporated by this
reference into, and made a part of, these Terms.

17.5       Consent to Electronic Communications. By using the Service, you
consent to receiving certain electronic communications from us as further
described in our Privacy Policy. Please read our Privacy Policy to learn more
about our electronic communications practices. You agree that any notices,
agreements, disclosures, or other communications that we send to you
electronically will satisfy any legal communication requirements, including that
those communications be in writing.

17.6       Marketing Communications. We may send you emails concerning out
products and services, as well as those of third parties. You may opt out of
promotional emails by following the unsubscribe instructions in the promotional
email itself.

17.7       Contact Information. The Service is offered by Epic! Creations, Inc.
located at 228 Hamilton Avenue, floor 3, Palo Alto, CA 94301. You may contact us
by sending correspondence to that address or by emailing us at
support@getepic.com.

17.8       Notice to California Residents. If you are a California resident,
under California Civil Code Section 1789.3, you may contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202,
Sacramento, California 95834, or by telephone at (800) 952-5210 in order to
resolve a complaint regarding the Service or to receive further information
regarding use of the Service.

17.9       No Support. We are under no obligation to provide support for the
Service. In instances where we may offer support, the support will be subject to
published policies.

17.10       International Use. The Service is intended for visitors located
within the United States. We make no representation that the Service is
appropriate or available for use outside of the United States. Access to the
Service from countries or territories or by individuals where such access is
illegal is prohibited.

18.   Notice Regarding Apple. This Section 18 only applies to the extent you are
using our mobile application on an iOS device. You acknowledge that these Terms
are between you and Epic! only, not with Apple Inc. (“Apple”), and Apple is not
responsible for the Service or the content thereof. Apple has no obligation to
furnish any maintenance and support services with respect to the Service. If the
Service fails to conform to any applicable warranty, you may notify Apple and
Apple will refund any applicable purchase price for the mobile application to
you; and, to the maximum extent permitted by applicable law, Apple has no other
warranty obligation with respect to the Service. Apple is not responsible for
addressing any claims by you or any third party relating to the Service or your
possession and/or use of the Service, including: (a) product liability claims;
(b) any claim that the Service fails to conform to any applicable legal or
regulatory requirement; or (c) claims arising under consumer protection or
similar legislation. Apple is not responsible for the investigation, defense,
settlement and discharge of any third party claim that the Service and/or your
possession and use of the Service infringe a third party’s intellectual property
rights. You agree to comply with any applicable third party terms when using the
Service. Apple and Apple’s subsidiaries are third party beneficiaries of these
Terms, and upon your acceptance of these Terms, Apple will have the right (and
will be deemed to have accepted the right) to enforce these Terms against you as
a third party beneficiary of these Terms. You hereby represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties.
Epic is the leading digital reading platform—built on a collection of 40,000+
popular, high-quality books from 250+ of the world’s best publishers—that safely
fuels curiosity and reading confidence for kids 12 and under.
 

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