Terms of Use
Effective Date: February 9th 2017
General; Additional Terms and Privacy Policy
The www.encoretg.com website is operated by Encore Technology Group, LLC (“Encore,” “we,” “our,” or “us”). These Terms of Use (“Terms”) apply to www.encoretg.com and any other websites or social media pages that may link to or reference these Terms (collectively, the “Site”). These Terms do not apply offline and do not alter the terms of any other agreement you may have with us. Your access to and use of the Site reflects your consent to be bound by these Terms. If you do not agree to these Terms, in whole or in part, do not use the Site.
Additional terms may apply to purchases of products or services and to specific portions or features of the Site (collectively, “Additional Terms”), all of which are made a part of these Terms by reference and you agree to abide by Additional Terms. In the event of any conflict between these Terms and Additional Terms, Additional Terms shall control with respect to your use of that portion of the Site or the product or service to which they apply only.
We reserve the right to modify or replace these Terms at any time without prior notice. Any changes to these Terms will become effective upon posting of the revised terms. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes.
Along with these Terms, please read our Privacy Policy and refer to it before you submit any personal information through the Site. The Privacy Policy is hereby incorporated and made part of these Terms.
In consideration of your use of the Site, you represent, warrant and covenant to us that (a) you are at least 18 years old, or the age of majority in your jurisdiction of residence (if over 18), are competent, and have the capacity and authority necessary to enter into, and perform your obligations under, the Terms; (b) if you access the Site in your capacity as an employee, owner, or otherwise as an agent of another person or entity, you agree on behalf of yourself and such person or entity, jointly and severally, to be bound by these Terms; and (c) you will comply with all applicable laws, rules and regulations of all applicable jurisdictions in connection with your use of the Site.
Accounts
To access certain features offered on or through the Site, you may be required to or allowed to set up an account (including a username and password) by providing certain profile and contact information. If you are a registered user, you are solely responsible for maintaining the confidentiality of your account, and you agree to accept responsibility for all activities that occur on or through your account. In the event that you need to deactivate your account, it is your sole responsibility to inform us of any such need. You agree to immediately notify us of any unauthorized use of your account or password or any other breach of security. We are not responsible or liable for any activity through your account (whether or not authorized by you), any harm related to theft of passwords, or your disclosure of passwords or other account information, or for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to refuse accounts or terminate accounts in our sole discretion.
Intellectual Property
All the text, content, graphics, interfaces, code and materials on the Site, including, but not limited to, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, is intellectual property protected by copyright, trademark or other proprietary rights of Encore or its licensors or other designees, which rights may or may not be registered in certain jurisdictions. Your access and use of the Site does not grant to you ownership of any of the foregoing. You acknowledge and agree that Encore reserves and retains, for itself and such third parties, as applicable, all intellectual property and other proprietary rights of any and all kinds in connection with the Site. The Site is copyrighted as a collective work under the United States and other copyright laws, and is the property of Encore. The collective work includes works that are licensed to Encore.
Use of the Site
The Site may be used only for your personal or information purposes of a non-commercial nature. You may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Site or any content, information, software, products or services obtained from or through the Site without prior written permission. You may not (a) engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, (b) send chain letters or pyramid schemes on or through the Site; (c) decompile, disassemble or reverse engineer the Site or any portion thereof, or (d) attempt to gain unauthorized access to any portion of the Site or any other computer systems or social media or mobile platforms on or through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for on or through the Site. Use of the Site as made available through a third-party social media platform such as Twitter or Facebook is also subject to such platform’s applicable terms and conditions.
Links and Third-Party Content
Our Site may contain links to third-party websites or services that are not owned or controlled by Encore. We are not responsible for the content of linked third-party websites and we do not make any representations or warranties regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites (including their privacy policies).
Errors
We attempt to provide accurate, current and reliable information on or through the Site. However, there may be times when information displayed on or through the Site may contain incomplete data, typographical errors, inaccuracies, or outdated information. We make no warranties as to the accuracy, completeness or timeliness of the information we make available on or through the Site, or that it is reliable, complete or error-free. We reserve the right to correct errors and update information available on or through the Site at any time.
General Release and Indemnification
You hereby release and agree to indemnify, defend and hold harmless Encore, its affiliates, or any of their respective officers, directors, members, partners, shareholders, employees, agents, licensors or suppliers (collectively, the “Protected Entities”) from and against any and all claims, liabilities, obligations, losses, damages, penalties, demands, actions, suits, judgments, settlements, costs and expenses in connection with any use or alleged use of the Site, or any violation or alleged violation of applicable law or a third party’s rights, in each case by use or under your user name by any person or entity, whether or not authorized by you.
Disclaimer of Warranties; Limitation of Liability
The Site, services, and all content are provided on an “as is” and “as available” basis without warranty of any kind, WHETHER express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant or represent that your access to the site, services or any content will be secure, un-interrupted or error-free.
IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OF USE OR YOUR USE OF ANY SITE, EXCEED, IN THE AGGREGATE, $10. TO THE EXTENT THAT ANY OF THE LIMITATIONS OR EXCLUSIONS SET FORTH ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, THE LIABILITY OF THE PROTECTED ENTITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE SITE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Miscellaneous
These Terms constitute the entire agreement between you and Encore and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services or third-party content. These Terms and the relationship between you and Encore are governed and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions. By using this Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Encore may assign its rights and duties under these Terms to any party at any time without notice to you. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions shall remain in full force and effect.
Jurisdictional Issues
The Site is controlled and operated in the United States of America. The Site may not be available to users outside of the United States. Encore makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of United States or any other jurisdiction’s export, re-export or import laws and regulations.
Contact Us
If you have any questions about these Terms, please contact us by e-mailing webadmin@encoretg.com or phoning (888) 983-6267.