Encora Website Terms of Use

Effective October 26, 2020

The information contained and accessed on this site (the “Site”) is provided by Encora Digital Inc. (“Encora”) as the owner of the Site, and is intended to offer visitors (“Users”) general information of interest. The information provided is not intended to replace or serve as a substitute for any advisory, technical, or other professional advice, consultation, or service and any other agreement between you and Encora.

By using the Site, the User agrees to follow, and be bound by, the following terms and conditions concerning use of the Site. Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to the User’s use of that area of the Site.

Encora may terminate a User’s access at any time for any reason. The provisions regarding disclaimer of warranty, accuracy of information, and indemnification shall survive such termination. Encora may monitor access to the Site.

Encora does not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free, or free of viruses. Therefore, the information is provided “as is,” without warranties of any kind, express or implied, including accuracy, timeliness, and completeness.

Encora shall have no responsibility for any damage to a User’s computer system or loss of data resulting from the use or download of any content, materials, or information from the Site.

Encora may change or discontinue any aspect of its Web site at any time, including its content or features. Encora reserves the right to change the terms and conditions applicable to use of the Site. Such changes shall be effective immediately upon notice, which shall be placed on the Site.

Users are responsible for using this Site solely in accordance with all applicable laws.

As content on the Site is copyrighted, any unauthorized use of any materials on the Site may violate copyright, trademark, and other laws. All content present on this site is the exclusive property of Encora. The software, text, images, graphics, video, and audio used on this site belong to Encora. No material from this site may be copied, modified, reproduced, republished, uploaded, transmitted, posted, or distributed in any form without the explicit written permission from Encora and/or the appropriate content or material provider (including third-party links). Encora bears no risk, responsibility, or liability in the event that a User does not obtain such explicit written permission as advised by Encora. Users must retain all copyright, trademark, or other similar notices contained in these materials.

Third-party links may be provided on this Site, and are intended as a convenience to our users. Encora does not control and is not responsible for any of these sites or their content. Encora is not responsible for any loss or damage of any sort a User may incur from dealing with any third party. Encora reserves the right to request removal of any third-party links to our Website.

Encora and the Encora logo are trademarks of Encora. Use of these marks requires express permission from Encora. To request this written approval, use the “Contact Us” feature.

In no event will Encora be liable for damages of any kind, including without limitation, direct, incidental, or consequential damages (including, but not limited to, damages for lost profits, business interruption, and loss of programs or information) arising out of the use of or inability to use Encora’s Web site, or any information provided on the Web site, or any claim attributable to errors, omissions or other inaccuracies in the information contained on this Site. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to the User.

In no event shall Encora, its related executives, equity holders, agents, or employees be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential, or other damages whatsoever (including but not limited to, liability for loss of use, data, or profits), without regard to the form of any action, including but not limited to, contract, negligence, or other actions arising out of or in connection with the Site, any content on or accessed by use of the Site, or any copying, display, or other use hereof.

The User agrees to indemnify, defend, and hold Encora harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to any misuse by the User of the content and services provided on the Site.

The information contained in the Site has been obtained from sources believed to be reliable. Encora disclaims all warranties as to the accuracy, completeness, or adequacy of such information.

The User’s right to privacy is of paramount importance to Encora. Any information provided by the User or gather about User on the Website will be subject to the terms of Encora’s Privacy Policy, which is available at https://www.encora.com/privacy-policy.