TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE OUR WEBSITE.
These Terms of Use (the “Terms”) apply to your access to and use of the website (the “Website”) provided by B.ENCORE, (“B.ENCORE”, “we”, “us” or “our”) that links to these terms. These terms do not alter in any way the terms or conditions of any other agreement you may have with us or our subsidiaries or affiliates, for products, services or otherwise.
We reserve the right to change or modify these terms at any time and in our sole discretion. If we make changes to these terms, we will provide notice of such changes, such as by posting a notice on our website and/or updating the “Last Updated” date above. Your continued use of our website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using our website.
If you have any questions or comments regarding our Website or these Terms, please contact us at
1. Privacy Policy. Please refer to our Privacy Policy at www.b-encore.com/privacy for information on how we collect, use, share, and otherwise process information from users of our Website.
2. Eligibility. You must be at least thirteen (13) years of age to use our Website. If you use our Website on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
3. Terms and Conditions of Order Form . Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions including, without limitation, any terms and conditions set forth in an order form with B.ENCORE. If there is a conflict between these Terms and the terms set forth in any order form between you and B.ENCORE, the terms set forth in the order form shall control. B.ENCORE’S obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website or in these Terms should be construed to alter such agreements.
4. Intellectual Property Ownership and Limited License. Our Website, including the text, graphics, images, photographs, videos, illustrations, information, data, software, and other content and materials contained therein (and the selection, arrangement and presentation thereof), is owned by B.ENCORE, or our licensors, and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Website are reserved by us or our licensors. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for non-commercial purposes and to download and print materials from the Website for the purpose of viewing, reading and retaining such materials for reference. Any other access, use, copying, distribution, retransmission or modification of our Website, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.
5. Trademarks. The B.ENCORE name, the B.ENCORE logo, and all related names, logos, product and service names, designs, and slogans are trademarks of B.ENCORE or its affiliates or licensors. You agree not to use such marks without the prior written permission of the B.ENCORE. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
6. Third-Party Content. We may provide information about third-party products, services, activities or events on our Website, or we may allow third parties to make their content and information available on our Website (collectively, “Third Party Content”) as a service to those interested in this information. Your dealings or correspondence with third parties and your use of or interaction with any Third Party Content are solely between you and the third party. We do not control, endorse or adopt any Third Party Content and make no representation or warranties of any kind regarding Third Party Content, and your access to and use of such Third Party Content is at your own risk. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
7. Reliance on Product Information Posted. While we make every effort to reduce errors on our site, from time to time typographical errors, inaccuracies, or omissions relating to, but not limited to, product descriptions, pricing and availability may occur. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice.
8. Electronic Communications. When you visit b-encore.com, order a product from B.ENCORE, sign up for electronic communication from B.ENCORE, or send e-mails, text messages and other communications from your desktop or mobile device to B.ENCORE, you are communicating with B.ENCORE electronically. You consent to receive communications from B.ENCORE electronically. B.ENCORE will communicate with you in a variety of ways such as e-mail, text or by posting notices and messages on this site and on social media platforms. You agree that all agreements, notices, disclosures and other communications that B.ENCORE provides to you electronically satisfy any legal requirement that such communications be in writing.
9. Feedback. You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information or materials regarding our Website (but excluding any client information) (collectively, the “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish or improve the Feedback in our sole discretion. You understand that we may treat Feedback as non-confidential.
10. Prohibited Use and Conduct.
You agree not to access or use the Website in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store, or transmit (a) messages or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, hateful to any person, or that is likely to cause harm to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others.
You further agree that you are solely responsible for your conduct while accessing or using our Website, and you agree that you will not do any of the following in connection with our Website or its users:
• Use our Website other than for their intended purposes and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Website or that could damage, disable, overburden or impair the functioning of our Website in any manner;
• Violate in any way any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Engage in any stalking, intimidating, threatening, predatory or otherwise harassing conduct or cause discomfort to other users;
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Website, except as expressly permitted by us or our licensors;
• Modify our Website, remove any proprietary rights notices or markings, or otherwise make any derivative works based on our Website;
• Reverse engineer any aspect of our Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website;
• Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Website;
• Develop or use any applications that interact with our Website without our prior written consent;
• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters or pyramid schemes;
• Send any unsolicited commercial messages;
• Use our Website for any illegal or unauthorized purpose, or engage in, encourage or promote any illegal activity that violates these Terms;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• Circumvent or attempt to circumvent any filtering, security measures or other features that we may from time to time adopt to protect our Website, our users or third parties.
We may also, at our sole discretion, limit access to our Website for any users who infringe any intellectual property rights of others, whether there is any repeat infringement or not. Enforcement of this Section 10 is solely at our discretion, and failure to enforce this Section 10 in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 10 does not create any private right of action on the part of any third party or any reasonable expectation that our Website will not contain any content that is prohibited by such rules.
11. Indemnification. To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless B.ENCORE, our officers, directors, agents, partners, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents (individually and collectively, the “B.ENCORE Parties”), from and against any losses, claims, damages, demands, costs, liabilities and expenses (“Claims”) arising out of or related to (a) your access to or use of our Website; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Website. You agree to promptly notify the B.ENCORE Parties of any third-party Claims, cooperate with the B.ENCORE Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the B.ENCORE Parties will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the B.ENCORE Parties.
12. No Representations or Warranties.
EXCEPT AS EXPRESSLY PROVIDED IN WRITING BY US, OUR WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE WE ATTEMPT TO MAKE YOUR USE OF OUR WEBSITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR WEBSITE.
13. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE B.ENCORE PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY OR OTHERWISE—FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF WE OR THE OTHER B.ENCORE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS EXCEED FIFTY DOLLARS (US$50.00).
THE LIMITATIONS SET FORTH IN THIS SECTION 13 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR OR THE OTHER B.ENCORE PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT, OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14. Modifying or Terminating Website. We reserve the right to modify our Website or to suspend or stop providing all or portions of our Website at any time. You also have the right to stop using our Website at any time. We are not responsible for any loss or harm related to your inability to access or use our Website.
15. Governing Law and Venue. Any dispute arising from these Terms and your use of our Website will be governed by and construed and enforced in accordance with the laws of the State of Georgia, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Georgia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the State and Federal courts located in Fulton County, Georgia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
16. Miscellaneous. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms will be unimpaired and these Terms will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions hereof. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights on any other person or entity. Notwithstanding anything to the contrary in these Terms, B.ENCORE may assign, transfer, and delegate these Terms and its obligations hereunder at any time, in its sole discretion. Termination of these Terms will not affect the provisions that, by their nature, are intended to survive the termination hereof. You agree that communications and transactions between you and B.ENCORE may be conducted electronically.