Encore Terms and Conditions

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

WHAT’S IN THESE TERMS?

These terms tell you the rules for using our website WWW.ENCOREGLOBAL.COM (the “Site”).

Click on the links below to go straight to more information on each area:

• Who we are and how to contact us
• By using our Site you accept these terms
• There are other terms that may apply to you
• We may make changes to these terms
• We may make changes to our Site
• We may suspend or withdraw our Site
• How you may use material on our Site
• Do not rely on information on our Site
• We are not responsible for websites we link to
• When we are responsible for loss or damage suffered by you
• Our policy towards children
• We are not responsible for viruses and you must not introduce them
• Rules about linking to our Site
• Which country’s laws apply to any disputes?
• Our Intellectual Property Rights

WHO WE ARE AND HOW TO CONTACT US

WWW.ENCOREGLOBAL.COM is a Site operated by Encore Group (USA), LLC, together with its affiliated and subsidiary companies (collectively referred to as “Encore,” “we,” “us”, or “our”). We are registered in Delaware, in the United States, under company number 13-4025666 and have our registered office and main trading address at 5100 N. River Road, #300, Schiller Park, IL 60176.

To contact us, please send an email request to privacyoffice@encoreglobal .com.

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site. We recommend that you print a copy of these terms for future reference. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our Site:

• Our Privacy Policy, which sets out the terms on which We process any personally identifiable information We collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all personally identifiable information provided by you is accurate.
• We use cookies to enhance your visit to our site and to bring you advertising that might interest you. Read our Privacy and Cookie Policies to find out more.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in January 2021 when this new policy was posted.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our Site from time to time to reflect changes to our users’ needs and our current business needs or because of changes to the law.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights on our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organization to content posted on our Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. All content on our Site is provided “as is” and without any representations, warranties or guarantees of any kind either express or implied. Other than those warranties which under the U.S. laws applicable to these terms are implied by law and are incapable of exclusion, restriction, or modification, We disclaim any and all warranties of merchantability and fitness for a particular purpose. Neither We, our affiliated or related entities, nor our providers, nor any person involved in the creation, production, and distribution of our Site warrant that the functions contained in our Site will be uninterrupted or error-free, that defects will be corrected, or that the servers that make the content available will be free of viruses or other harmful components. The content that you access on our Site is provided solely for your convenience and information only, and We do not represent that such content is appropriate for use or available in your location. We do not warrant or make any representations regarding the results that may be obtained from the use of our Site, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of our Site.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. Your use of any third party sites or resources may be subject to separate policies and terms of use of third parties which you should carefully review. You are solely responsible for any interactions you may have with such third party sites.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

You expressly agree that use of our Site is at your sole risk. You (and not us) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither We, nor our affiliated or related entities (including our providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of our Site, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of our Site or any other linked site. You expressly acknowledge and agree that We are not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Site; or use of or reliance on any content displayed on our Site.

In particular, We will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. To the maximum extent permitted by law, our total liability to you shall not exceed US $500.00.

OUR POLICY TOWARDS CHILDREN

We do not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) from children under 13 and do not target our Site or services to children under 13. If you are a parent or guardian and believe We have collected information in a manner not permitted by COPPA, please contact us and We will remove such information to the extent required by COPPA.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than that set out above, please send an email request to privacyoffice@encoreglobal.com.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

Our Site is administered by us from our corporate headquarters in Schiller Park, Illinois, USA. These Terms of Use shall be governed by the laws of the State of Illinois applicable to contracts entered into and performed exclusively in the State of Illinois. Any court of competent jurisdiction sitting within the state of Illinois will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these terms. In addition, We make no representation that materials or services on our Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You are solely responsible for ensuring compliance with your local laws while using our Site and the materials contained on our Site. You may not use or export or re-export the materials or services on our Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access our Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

OUR INTELLECTUAL PROPERTY RIGHTS

The “Encore” text and its graphical marks, logos and taglines are either registered or pending registration trademarks of Encore Group (USA) LLC or its parents, affiliates, or subsidiaries. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under these Terms of Use.

How you may use material on our Site.

All textual, graphical, and other content appearing on our Site are the property of Encore Group (USA) LLC, companies partially or wholly owned, directly or indirectly, by Encore Group (USA) LLC, or their respective licensors. Our Site and all content on our Site are provided for lawful purposes only. By accessing and using our Site, you agree to abide by U.S. and international copyright law and all other laws applicable to the use of our Site.

Procedure for making claims of copyright infringement. In accordance with the Digital Millennium Copyright Act (17 USC & 512), We are registered with the US Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to the Service Provider’s Designated Agent.

U.S. Government Restricted Rights. Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 (c) (1-2) (June 1987). Government users will receive no greater Limited Rights as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015 (b) (2) (November 1995), as applicable in any technical data at this Site.

All brand, product, service, and process names appearing on our Site are trademarks of their respective holders. Reference to or use of a brand, product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that brand, product, service, or process by Encore or its affiliates or subsidiaries. Nothing contained herein shall be construed as conferring, by implication or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of ours or any third party, except as expressly granted herein.

All trademarks, service marks, logos and graphics of specific facilities, partners or clients and customers of ours contained on our Site are the sole property of their respective owners.

Other than personally identifiable information, which is covered by our Site’s Privacy Policy, any feedback, data, ideas, comments, suggestions, questions, information, or any other communications (“Submissions”) you send, or post to, our Site shall become our exclusive property and shall not be deemed confidential. You hereby assign to us all right, title and interest in such Submissions. We shall have no obligation of any kind with respect to such Submissions and shall be free to use and disclose the Submissions to others without limitation. Further, We shall be free to use any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us and our providers, our and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these terms of use.

SEVERABILITY

If any term or condition contained in these terms of use is declared unlawful, void or for any reason unenforceable by any court, then any such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms.