User Terms and Conditions

EpicBizErp  User Terms and Conditions Agreement

SB—Rev1: 11/22/2024

 EpicBizErp User Terms and Conditions Agreement (“Agreement”) is entered into by Butcher Capital Management Corp. (BCMC) trading as EpicBizErp.com, these identities will be known as (“EpicBizErp”).

• The web sites ( EpicBizErp.com, and epic.epicbizerp.com and www,EpicBizErp.net and any other sites own by BCMC that are linked to the web sites will be known as “EpicEsites”.
• The EpicEsites Profiles or User logins for “Users” within the EpicEsites will be known as “Customer” in this document.

1 DEFINITIONS.

As used in this Agreement, the words “Customer” shall mean; any person, user or business entity who or which shall use the services of EpicBizErp. The Customer does not have the authorization to bind or enter into an agreement on EpicBizErp’s behalf.

• Customer agrees that by accessing EpicEsites and checking the checkbox agreeing to provide by all and in part of EpicBizErp Terms and Conditions Agreement (“this agreement”) is fully enforced and is consider it executed online and signed without the need for the actual signatures of both parties.
• In using or accessing EpicEsites you agree.
  1. not to use the web sites or services for fraudulent or illegal purposes.
  2. not to “spam” others or “phish” for others’ personal information.
  3. not to create or use a false identity; (iv) not to disrupt or interfere with the security of, “deeplink”, attempt to obtain unauthorized access to or otherwise abuse, the EpicEsites or Marketing Partner or linked websites.
  4. not to disrupt or interfere with any other user’s enjoyment of the EpicEsites;
  5. not to use, frame or utilize framing techniques to enclose any trademarks or other proprietary information.
  6. not to use meta tags or any other “hidden text” utilizing a trademark.
  7. not to use the EpicEsites in a manner that is defamatory, inaccurate, profane, threatening, invasive of a person’s privacy, violates any third-party proprietary rights, or is in violation of any law or regulation.
  8. FREE SERVCES

                1) EpicEsites will provide the Customer a software a license to use the EpicBizErp platform at no cost for the software. This does include any cost for third party services like credit card processing or Check mail fulfillment or email campaign processing under the following conditions.

                                1) The Customer must be in good standing with EpicEsites and this agreement.

2) That Customer is using EpicEsites resource in a normal and average way of other users. EpicEsites will be the sole decider of what is normal and average usage. For; example if 1000 items and 2000 large pictures taking up a lot storage space than average user. This cases EpicEsites reserves the right to notify the Customer that EpicEsites deems it is above the average normal storage space by other users and EpicEsites has the right to charge them. EpicEsites will notify the Customer 30 days prior to starting to charge for the extra space used.

3) It is understood and agreed by the Customer that all credit card processing will be provided by EpicbizErp platform and one other processor will allow unless agreed to in write. EpicBizErp will make every effort to provide this credit card processing at competitive rates. In addition, its understood and agreed to same type arrangement with other third parties vendor may be it place like fulfillment of mailing checks and email service,

3. CUSTOMER CONDUCT.

EpicEsites Rules and Restrictions. In connection with your use of EpicBizErp Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:

• violate any local, state, provincial, national, or other law or regulation, or any order of a court.
• use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights.
• interfere with or damage EpicBizErp Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights.
• use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements.
• “stalk” or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting as an EpicBizErp
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
• use automated scripts to collect information or otherwise interact with the EpicBizErp Service or the PwdEsite;
• advocate, encourage, or assist any third party in doing any of the foregoing.

The foregoing is merely a list of examples of prohibited conduct. EpicBizErp reserves the right to cancel a customer account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.

4. CUSTOMER CONTENT.

• By submitting any content (including without limitation, any photograph, words, pictures, or symbols) to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute, and promote such content in any form, in all media now known or hereinafter created and for any purpose, subject to the Privacy Policy as described within this agreement. You represent and warrant that you have sufficient rights to grant us this license.
• Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
  1. infringes the copyright, trademark, or other intellectual property rights of any person;
  2. is defamatory;
  3. contains nudity or sexually explicit content, or is otherwise obscene;
  4. may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
  5. depicts individuals under 18 years of age;
  6. depicts or advocates the use of illicit drugs;
  7. makes use of offensive language or images;
  8. characterizes violence as acceptable, glamorous or desirable; or
  9. provides a link to any other websites
• Data Ownership. Any and all data you have uploaded or fill into EpicBizErp App input fields are solely your property and no rights have been granted to EpicEsites to use the information in any way:
  1. You may import or export the data at any time.
  2. If you cancel your EpicBizErp account after 30 days PwdEsistes will permanently delete your data unless we receive an order from an authorized court not delete that data. In this case when the court allows us to delete the information we will do so.

—————————————————SPONSOR AD PROGRAM TERMS——————–

6. EPIC MARKETING PARTER PROGRAM
7. EpicBizErp offer the ability for the User to create an Epic Marketing Partner Profile that allows the User to send a templated email to friend, customer or prospect sharing information about EpicBizErp. The User can add their own logo at the footer of the email making look like the email can from the user.

1. infringes the copyright, trademark, or other intellectual property rights of any person,
2. is defamatory;
3. contains nudity or sexually explicit content, or is otherwise obscene;
4. may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
5. depicts individuals under 18 years of age;
6. depicts or advocates the use of illicit drugs;
7. makes use of offensive language or images;
8. characterizes violence as acceptable, glamorous or desirable; or
9. provides a link to any other websites.
10. Do not Share an email with anyone that you be not have direct contact with or you will be suspended immediately from using the Share Partner Program.
11. Us it and as email campaign.

2.Data & Email Address Ownership:

EpicBizErp will not share or sell any email address or name you share with us using the Share Partner Program. We do save the information because if someone you shared an email with decides to use EpicBizErp Sponsor Ad Program you will qualify for a commission on each Ad purchase that buy they make.

We will notify you if that User sign up for EpicBizErp using your ID.

7. LIMITED SELLING RIGHT

1) Customer must complete in full the User Account Profile in EpicBizErp Contact Manager App to be approved to be Marketing Partner and promote EpicBizErp Contact services.

        2)The Customer must be in good standing and have agreed to all EpicBizErp Terms and Conditions of EpicBizErp.

8. EPICBIZERP SERVICES.

General;

EpicBizErp is only providing the ability through EpicEsites for the Customer store password and other information in a secure multiply environments.

1. The Customer holds EpicBizErp completely harmless from any claims, awards or representations of the Customer.
2. Any and all information, claims and representation are by are solely by the Customer.

• The Customer agrees to provide by all rules and policies published within the EpicEsites.

1. The Customer agrees to pay any ACH processing fees charged to EpicBizErp when EpicBizErp pays you a commission for Marketing Partner or Share Partner.
2. The Customers agrees that the primary account holder is 18 or old years of age and they are the authorized party to use the credit card and or ACH to purchase EpicBizErp Furthermore, the Customers agrees that they have authorization from to use Credit Card or Bank Accounts.

9. PAYMENT OF EPIC MARKET PARTNER COMMISSIONSS

                1)    The Epic Partner will receive once a month the going Epic Partner percentage rate of what EpicBizERP on credit card and third parties check mail fulfillment charge and third party email marketing companies for mailing campaigns. User hereby accepts the commission’s producers set forth in Marketing Partner Agreement and Share Partner

10. ACCEPTANCE BY EPICBIZERP.

1)      The Customers agrees that EpicBizErp actually accepts and approves this application, and the Customer receives an Email stating they are approved, this agreement is entered into only on a temporary basis and if disapproved not entered into at all.

11. REFUND POLICY.

1)      All sales of EpicBizErp services are “as is sale” and are final after first 30 days from the purchase date Any written request for a full refund of fees paid to EpicBizErp shall be grant as long as it is within 30 days of purchase and the customer is in good standing with EpicBizErp Customer my cancel their service anytime. EpicBizErp will provide the service to end of said period they purchased. There will not be any pro-rated refunds.

12. PRIVACY POLICY.

1)    The Privacy Policy of EpicBizErp  is available on the EpicEsites at         http://www.EpicBizErp.com/Pages/TermsAndConditions.html privacy and is hereby incorporated by reference.You agree to abide by all terms set forth in the Privacy Policy.

13. TERM OF AGREEMENT.

1)    The Customer agrees pursuant to this Agreement shall continue in full force and effect from date the Customer create an account on EpicEsites until the Customer deletes said account on EpicEsites and EpicBizErp approves it. EpicBizErp has 30 days to approve it and if the Customer does received notification that the account is not approved it is approved. The exception to the terms is for services of Sponsor Ad. See Sec 5 -4.

14. AUTOMATIC RENEWAL OF AGREEMENT.

1)    Provided this Agreement has not been terminated, then this Agreement shall automatically renew itself   from year to year after the initial first year term, upon thirty (30) days written notice to the Customer. The Customer agrees that, notwithstanding the number of times this Agreement may be renewed, it is not the intention that it be construed as a contract of indefinite duration. The exception to the terms is for services of Sponsor Ad. See Sec 5 -4.

15. THIRD PARTY CONTENT.

1)    In using our Services, you may be exposed to content and information from other users or third parties (“Third-Party Content”), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to Third-Party Content.

16. DATA SECURITY & LOSS.

• EpicBizErp will make its best effort to protect the customer’s data from loss, corruption and or hackers through the use SSL Certificate and multi backups and other techniques. The customer agrees to hold EpicBizErp harmless from any loss or corruption of their data.
• EpicBizErp and or Customer will not knowingly give, sell and or transfer any of the customer’s data to anybody less without the express written permission of said customer. Except if the customer declares an emergency and directly shares their documents.

17. SHARING DOCUMENT.
18. The Customer agrees they have full right and authorization to upload and share any and all EpicBizErp information that has been scanned, picture taken or upload in its native format to their EpicBizErp secure servers.
19. The Customer agrees that they full right and authorization to share their documents and who they share the documents with may or may not be a member of the EpicBizErp organization network.
20. The customer understands and agrees to hold EpicBizErp harmless from any actions that may occur if anyone that Customer shares documents with shared with another party that was not authorization to see it.
21. The Customer agrees to any and all parts of HIPAA Laws and any other laws that may apply to uploading, storing and sharing document images about someone over or under the age of 18. In addition, Customer authorizes EpicBizErp to provide the service if authorization is need.

18. ASSIGNMENT.

1)    The Customer agrees that its rights and obligations under this Agreement may not be transferred or assigned by the Customer without the written consent of EpicBizErp. Any transfer of a controlling interest in Customer shall be considered an assignment. EpicBizErp reserves its full rights to transfer or assign this Agreement. This Agreement shall be binding upon and endure to the benefit of the legal representative, successors, and assignments of EpicBizErp .

19. COMPLIANCE WITH LAWS.

1)    Customer shall comply with all laws and regulations applicable to the EpicBizErp with respect to the conduct of business generally. Non-compliance by Customer, its employees or agents shall be considered a default under this Agreement, justifying termination.

20. LIMITED WARRANTY.

1)    EpicBizErp represents and warrants that EpicBizErp services are designed and developed, is involved pursuant to this Agreement, and has been designed and developed with reasonable diligence and skill. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO REPRESENTATIONS OR WARRANTIES BY EPICBIZERP, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SOFTWARE OR SERVICE OFFERED BY EPICBIZERP THROUGH EPICBIZERP PURSUANT TO THIS AGREEMENT. IN NO EVENT SHALL EPICBIZERP BE LIABLE FOR ANY LOSS OF BUSINESS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT.

21. LIMITATION OF LIABILITY.

1)    In the event that EpicBizErp is found liable for any act or omission under warranty or otherwise by a court of competent jurisdiction, the parties expressly understand and agree that EpicBizErp ‘s liability to respond in damages shall be limited to the return of any fees that was paid to EpicBizErp, and in no event shall EpicBizErp be liable for any special, incidental or consequential damages, including but not                 limited to loss of revenues and loss of profit, and EpicBizErp shall not be liable for any injury or damage               to Customer, Customer’s properties, or Customer’s employees, agents or other business invitees in anyway related to or arising out of the EpicBizErp service, its use or inability to use or its implementation.

22. INDEMNIFICATION.

1)    Customer will indemnify, defend and hold EpicBizErp harmless from any and all liabilities, losses, obligations, expenses (including without limitation to attorney’s fees) and costs arising in connection with any lawsuit, proceedings, or other action arising out of the operation of Customer’s business or            related to any claim by a third party based, in whole or in part, on Customer’s marketing, selling, reselling, delivery, training, distribution, use, or installation related to the EpicBizErp service. The activities of any of Customer’s employees, agents of representatives will be considered activities of the Customer for purposes of this Section. EpicBizErp will have the right, but not the obligation, to assume the defense of any such lawsuit, proceeding, or action. EpicBizErp and Customer will each give the other prompt notice of any such claim, lawsuit, proceeding or action.

23. TAXES.

1)    The Customer understands and agrees that the Customer’s responsibility for all tax obligations and must comply with their applicable by law.

24. TITLE AND PROPRIETY RIGHTS.

1)    Customer agrees that EpicBizErp has and shall retain all proprietary rights including copyright privileges                in and to the software, instructions, training manuals, marketing materials, operation procedures, programs, drawings, brochures, literature or any other type of written, printed, or machine readable materials.

25. COVENANTS OF USER/CUSTOMER.

1)    For the purpose of protecting the proprietary interest of EpicBizErp and for the purpose of setting forth the rights and restrictions relating to acceptance of Customer to sell EpicBizErp services as granted in this Agreement, Customer covenants and agrees with EpicBizErp as follows:

1. a) Customer and Customer’s employees and agents shall protect the confidentiality of the EpicBizErp service and all information relating to the EpicBizErp service, whether provided to Customer by EpicBizErp or otherwise; and neither Customer nor any of Customer’s employees or agents shall disclose to any person, firm, Customer or corporation any information concerning the manner in which said service or software accomplishes its purpose.
2. b) Customer agrees that all EpicBizErp services and documentation of the service and all written, printed or machine readable materials, programs, drawings, instructions, and training manuals, operation procedures, brochures or literature of any type which Customer may receive from EpicBizErp with regard to the service shall remain the property of  EpicBizErp and Customer understands that such materials are loaned to Customer for the limited purpose  of facilitating the promotion and sale of the software licenses by Customer. No such materials or documentation shall be reproduced in whole or in part by Customer for any purpose whatsoever, without the prior written consent of EpicBizErp upon the expiration of the term of this Agreement or upon any breach by Customer of any of the terms of this Agreement, whichever occurs first.
3. c) Customer agrees to promptly report to EpicBizErp the existence or apparent existence of any program error or the web site in the EpicBizErp
4. d) Customer shall promptly report to EpicBizErp in writing upon its discovery of any unauthorized use or infringement of the service.
5. e) Customer shall not authorize any third party to, modify alter, reverse engineer, disassemble, or decompile any software or web site used with the service.
6. f) Customer shall provide immediately in writing any changes to the information provided to EpicBizErp in the Customer application.
7. g) Customer agrees that it may be terminated at any time if the Customer breaches this Agreement or engages in any conduct that may be deemed disreputable by
8. h) Customer agrees that entering into this Agreement does not violate or breach any other agreements Customer may have with any other person or entity..

26. PROTECTION OF TRADE SECRETS.

1)  Customer hereby acknowledges that in connection with this Agreement, EpicBizErp may have disclosed certain processes, devices, techniques, plans, methods and know-how which were designed and developed by EpicBizErp at great expense and over lengthy periods of time, which are secret, confidential and unique; and which constitute the exclusive property and trade secrets of EpicBizErp . EpicBizErp may disclose some of its confidential information to Customer for the sole purpose of inducing Customer to become one of EpicBizErp ‘s Rewards Referral Program, EpicBizErp Marketing Partnere or any other entity owner in full or part the EpicBizErp  has customers which is a service offered by EpicBizErp  In addition, from time to time during the term of this Agreement, EpicBizErp may disclose certain processes, devices, techniques, methods, and know-how, designed and developed by EpicBizErp, which are secret, confidential, and unique; and which constitute the exclusive property trade secrets of EpicBizErp . The Customer, its agents, its successors, personal representatives and assigns shall not, at any time, without the express written consent of  EpicBizErp, publish, disclose or divulge to any person, firm, or corporation, from directly or indirectly, the aforesaid confidential information and trade secrets. The Customer hereby acknowledges and agrees that in the event of any violation from any court of competent jurisdiction preliminary and permanent in junction relief as well as an equitable accounting of all profits or benefits arising out of such a violation, which rights and remedies shall be cumulative and in addition to any other rights or remedies to which EpicBizErp may be entitled.

27. TRADEMARKS, TRADE NAMES, SERVICE MARKS, and LOGOS.

1) During the term of this Agreement, Customer shall have a limited use of the trademarks, trade names, service marks, and/or logos in connection with Customer’s promotion of the service as a qualified EpicBizErp Customer, but only in strict compliance with such license and the policies, instructions and guidelines of EpicBizErp, and the failure to do so constitutes a material breach of this Agreement allowing EpicBizErp to immediately terminate this Agreement without notice or penalty. This compliance shall include proper display of trademark notices and warnings with each use of trademark or logo (e.g. MyFileit, and 123FileIt , eProperty365 are trademarks or registered trademarks of Butcher Capital Management Corp. in the United States and other countries), and any use of such trademarks or logos shall be subject to prior approval of EpicBizErp. Customer acknowledges the exclusive right, title and interest of EpicBizErp in and to its trademarks and logos. Nothing contained in this Agreement shall be construed as conveying to Customer any right, title of interest in, or to any of EpicBizErp ’s trademarks or logos other than an express right to a permissive use thereof in connection with the promotion of the EpicBizErp service.

Customer shall cooperate to the fullest extent possible with EpicBizErp or its nominee to take such actions as EpicBizErp in its sole discretion, may consider necessary to protect any of its trademarks. Customer shall fully cooperate with EpicBizErp maintaining and defending the ownership and validity of each of EpicBizErp trademarks against infringement and claims of infringement. Customer will promptly notify EpicBizErp of any infringement or unauthorized use of any EpicBizErp trademark by any third party, or any assertion by any third party that Customer’s use of any EpicBizErp trademark constitutes infringement. EpicBizErp shall not be obligated to initiate or defend legal action with respect to any EpicBizErp trademark, and Customer shall not initiate or defend any such action itself without EpicBizErp’s prior written consent; and Customer hereby agrees and warrants that Customer will not incorporate all or any portion of any of EpicBizErp ’s trademarks, trade names, service marks, or logos into Customer’s identification, corporate name, or trade names. Upon termination of this Agreement, Customer shall cease to use all trademarks and logos.

28. TERMINATION FOR CAUSE.

1) If either party defaults in the performance of any provision of this Agreement, then the non-defaulting     party may terminate this Agreement without prior notice. Without limitation, Customer’s failure to provide proper service to customers shall be cause for termination.

2) This Agreement shall terminate, without notice, upon the institution by or against Customer of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of Customer’s debts, upon Customer’s making an assignment for the benefit of creditors, upon Customer’s dissolution, or upon the sale, transfer, hypothecation or other disposition of fifty percent (50%) or more of the stock or ownership of Customer.

29. TERMINATION for Convenience.

1) Either EpicBizErp or Customer may terminate this Agreement at any time, with or without cause, upon thirty (30) days prior written notice to the other party.

30. EFFECT OF TERMINATION.

1) Upon termination of this Agreement for any reason, EpicBizErp shall not be liable to Customer for, and Customer hereby expressly waives all rights to account rights, compensation, indemnities, or damages of any kind, whether on account of the loss by Customer of present or prospective profits, commissions, anticipated orders, expenditures, investments or commitments made in connection with this Agreement, goodwill created, or on account of any other reason. Upon termination of this Agreement for any reason, Customer shall deliver to EpicBizErp, within ten (10) days, the name, address, phone number, and email address of each service customer of Customer.

2) Upon termination of this Agreement for any reason whatsoever, Customer shall immediately pay EpicBizErp any and all amounts owed to EpicBizErp .

3) If, under any applicable law, Customer is entitled to any compensation upon termination for cause or the expiration of a fixed term of their Customer agreements, this Agreement shall be deemed a contract for a duration of not more than one year, and shall expire upon the expiration of such one year after the initial effective date of this Agreement. To the extent any such compensation is deemed earned as a matter of law, the parties shall retroactively readjust all prices so that the prices charged to the Customer shall be increased by the amount necessary to give such compensation to the Customer as part of the overall pricing and compensation arrangements between the parties, and no additional payments shall be due to Customer from EpicBizErp .

31. SURVIVAL OF CERTAIN TERMS.

1) The all provisions shall survive the termination of this Agreement for any reason. All other rights and obligations of the parties shall cease upon termination of this Agreement.

32. CONSTRUCTION OF AGREEMENT.

1) This Agreement shall be governed by and constructed in accordance with the laws of the Commonwealth of Pennsylvania or state of Wyoming. In the event of litigation between the parties, EpicBizErp shall have the choice of venue and laws.

33. ARBITRATION.

1) The Customer and EpicBizErp agree that any and all disputes shall be handled in state and county that EpicBizErp designates.  EpicBizErp will decide the jurisdiction and venue of any lawsuit in state and county that EpicBizErp designates. Both parties agree to try to find a mutual agreed upon Arbitrator within 60 days of written notification to settle any dispute in accordance with the agreed upon rules of Arbitrator. If the no agreement of arbitrator may file directly with the state and county that EpicBizErp designates.  Any judgment awarded by the agreed upon Arbitrator may be entered in any court having jurisdiction thereof. Arbitration shall be final and non-appealable.

34. DEFAULT.

1) In the event Customer shall fail to keep, observe or perform any of the terms or conditions of this Agreement, in the opinion of EpicBizErp, the license provided by this Agreement may be terminated. All of the Customer’s accounts, compensation, and commission will be transferred to EpicBizErp. Furthermore, any then pending orders of Customer may be cancelled or transferred.

2) EpicBizErp may also be entitled to monetary damages as well as appropriate equitable relief in accordance with the nature of breach. In the event EpicBizErp has to collect, by law or through an attorney, any sums owed, shall be entitled to twenty-five (25%) percent of said amount, as attorney’s fees, plus costs of court. Failure to enforce any provision or to require that any default hereunder be cured shall not constitute a waiver of rights nor shall it be deemed an implied amendment or modification of this Agreement.

35. Force Majeure.

1)Nonperformance of either party (except for payment obligations) shall be excused to the extent that performance is rendered impossible by strike, fire, flood, act of God, governmental acts, failure of suppliers or any other reason beyond the reasonable control of the non-performing party.

36. SEVERABILITY.

1) If any provision of this Agreement becomes or is declared by an arbitrator or court of competent jurisdiction to be illegal, unenforceable or void, this Agreement and its remaining terms shall continue in full force and effect without said provision. EpicBizErp may offer a substitute provision for negotiation in good faith which upon agreement would become a(n) binding, valid, and enforceable provision.

37. WAIVER OF BREACH.

1) The failure of either party to require the performance of any terms of this Agreement or the waiver of either party of any breach under this Agreement shall not prevent a subsequent enforcement of such term or be deemed a waiver for any subsequent breach.

38. CONFLICTS WITH PRIOR CUSTOMER AGREEMENT.

1) In the event that the parties to this Agreement have contemporaneously or previously entered into a Customer Agreement with terms inconsistent with this Customer’s Agreement, then the terms of this or the most current Customer’s Agreement shall control.

39. MODIFICATION.

1) This Agreement shall not be modified or changed unless in writing and signed by EpicBizErp and Customer.

40. POLICY AND PROCEDURE.

1) Customer agrees to follow any and all policies and procedures of the EpicBizErp Customer program which can be found online at http://www.EpicBizErp.com/Customer/PolicyAndProcedures. Customer agrees to monitor the policy and procedures.

41. ENTIRE AGREEMENT.

1) This Agreement sets forth the entire understanding of the parties. All understandings and agreements heretofore had between the parties hereto respecting the EpicBizErp Customer program which is the subject matter of this Agreement are merged into this Agreement. No representation or warranties have been made by any party to the other except as herein expressly set forth.

EpicBizErp and Customer agrees that this agreement may be executed fully by the Customer by either paying for the service or by clicking on the check box agreeing that you read this agreement on www.EpicBizErp.com and is fully enforceable if EpicBizErp accepts the Customer Profile.

 (EPICBIZERP)                                                                                                                  User / Customer

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Date ______/202_                                                                                              Date ____/202_

Authorized Signature                                                                                          Authorized Signature