TERMS OF USE & PRIVACY POLICY

ENCORE WEBSITE TERMS OF USE

This Website (“the Site”) is owned and maintained by Encore Repair Services, LLC and other affiliates of Encore Repair Services, LLC (collectively, “Encore”). By accessing or using this Site, you unconditionally agree to be bound by all of the terms, conditions, and notices contained in this Site Use Agreement. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions may also be posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. These general terms and conditions in this Agreement, together with such additional terms and conditions where applicable, are referred to as “this Agreement.”

By using the Site, you express your understanding and agreement that you are bound by these general terms and conditions. By using areas of the Site on which other terms and conditions are posted, you express your understanding and agreement that you are bound by those terms and conditions as well. If you are unwilling to be bound by these general terms and conditions, do not use the Site. If you are unwilling to be bound by terms and conditions applicable to particular areas of the Site, do not use those areas. By using the Site, you also express your understanding and agreement that you are responsible for complying with all applicable laws and regulations, including export and re-export control laws and any applicable local laws. Accessing or using any portion or feature of the Site from any territory where such portion or feature of the Site is illegal is prohibited.

Encore reserves the right to revise this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. By continuing to use the Site after such revisions are made, you express your understanding and agreement to such revised terms. Encore Intellectual Property, the Site and all of its content (including but not limited to all text, images, and software) are the property of Encore or its licensors and are protected by United States and international copyright, trademark and other laws. Encore reserves all intellectual property rights not expressly granted under this Agreement.

DISCLAIMERS

The material and information on the Site may contain technical, typographical, or other errors or inaccuracies (including errors, inaccuracies or omissions relating to product or service descriptions, pricing, or availability) and may not be complete or current. ENCORE DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT. Encore may change any material or information on the Site at any time without prior notice, but Encore does not make any commitment to update material or information on the Site. ENCORE MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE, LAWFUL, OR APPROPRIATE FOR ACCESS OR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS. Encore has not reviewed all of the sites to which links appear on the Site and is not responsible for their contents. The inclusion of any such link on the Site does not imply endorsement by Encore of any linked site, the use of which is at the user’s own risk.

WARRANTY DISCLAIMER

WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF ITS CONTENT ARE MADE AVAILABLE BY ENCORE “AS IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY, AND PERFORMANCE OF THE SITE AND ITS CONTENT AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENT MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME. ENCORE DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY ENCORE WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

INDEMNIFICATION & LIMITATION OF LIABILITY

You agree to defend, indemnify and hold Encore, its subsidiaries, affiliates, successors and assigns, and their respective, shareholders, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to Your use of the Site. ENCORE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT ENCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENCORE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER. ENCORE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

APPLICABLE LAW & DISPUTE RESOLUTION

Encore maintains and operates the Site from its facilities in Illinois in the United States of America. Use of the Site and its contents, all transactions arising from use of the Site, and this Agreement, shall in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of the United States of America and the state of Illinois, without giving effect to any principles of conflict of laws. Any dispute between Encore and any user of the Site will be venueed in a state or federal court situated within the state of Illinois, and the user hereby irrevocably submits to the personal jurisdiction of such courts for that purpose. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

MISCELLANEOUS

Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. Any section headings or titles in this Agreement are inserted for convenience only and shall have no other meaning. This Agreement sets forth the entire agreement and understanding between Encore and the user of the Site regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.

PRIVACY POLICY

Your privacy is important to Encore Repair Services, LLC, its subsidiaries and affiliates (collectively “Encore”). Encore provides this Privacy Policy to inform you of our privacy policies and practices, including the types of information we may collect, why we collect it, how we use that information, and how you can exercise your choices as to how your information is used. This Privacy Policy is accessible from the bottom of each page of each Encore site to which it applies, and at every point where personal information is requested.

GLOBAL PRIVACY POLICY

Encore, with its subsidiaries, is a global company, with business operations and customers in many countries around the globe. Encore’s intent is to comply with the privacy laws and regulations in all of the jurisdictions in which we conduct business, and our privacy practices are designed to provide protection for your personal information around the world. We may share your information within Encore and its subsidiaries, including transferring that information to countries in which we do business. Any Encore subsidiaries receiving your information will be governed by this Privacy Policy and are also bound by appropriate confidentiality and data transfer agreements. Your information may be stored and processed in the United States or any other country where Encore or its subsidiaries are located. Your personal information is never shared outside Encore or its subsidiaries without your permission, except under conditions explained herein.

PERSONAL INFORMATION

Personal information is information that identifies an individual personally, including but not limited to name, address, phone number, e-mail address, personal characteristics, and financial information. In some instances, you will be required to provide personal information in order to complete a transaction or take advantage of the online resources made available by Encore. Encore will only collect the personal information reasonably necessary to accomplish the purpose for which it is collected and will retain it only as long as is reasonably necessary. Personal information collected online by Encore may be combined with information you provide through other sources such as product registration, customer service call centers, or other methods.

COOKIES & TRACKING

Like most websites, Encore’s website may collect and log information automatically through the use of electronic tools that may be transparent to you. Information collected may include items such as your IP address, the type and version of your browser, the length of time that you visit our site, search queries, your click-stream data, the location that referred you to our website and the average number of pages viewed. In addition, in order to improve our sites and your experiences with them, we may use “cookies” or other electronic means to track your visits. Cookies are simply small text files that our website can place on your computer’s hard drive in order, for example, to collect information about your activities on the site or to make it possible for you to use an online “shopping cart” to keep track of items you wish to purchase. Generally speaking, our site’s server is the only computer that can read it.  Cookies cannot read data from your hard disk or read cookie files created by other websites and they cannot infect your computer with viruses. If you want to know when this happens, or to prevent it from happening, you can set your browser to warn you when a website attempts to place a “cookie” on your computer. Please click on the “Help” menu of your browser for information on setting your cookie preferences.

CHILDREN’S PRIVACY

Encore is committed to protecting the online privacy of children. Encore does not knowingly collect or solicit personal information from or about children under the age of 13, and Encore does not target its websites to children under 13.

Additionally, Encore does not knowingly collect or solicit personal information from or about children above the age of 13, without their parent’s or guardian’s consent. If Encore ever includes children above 13 as part of our intended website audience, those specific website pages will be clearly identified and provide an express privacy notice for children above 13, as well as processes to obtain parental approval and allow parental access to request removal of their children’s personal information.

HOW WE USE YOUR INFORMATION

Encore collects personal information to enable us to provide products, services and information to our customers, potential customers, and business partners.

We intend to let you know how we will use the information you provide before we collect it from you; and we intend to limit our use of that information to those purposes for which you give us permission. For example, Encore may collect financial information to facilitate the purchase of products or services online and postal or e-mail addresses to provide information in response to your request or to allow you to participate in promotions. We do not sell, trade or lease your information to others. Encore will not share your information with third parties except in responding to your requests for products, services or other Encore information. When we collect the information, we will obtain your consent regarding how you want or do not want us to use it. We may share your information with other persons or companies to help us manage our business.

When we do so, we require them to use that information only for the purposes for which we provided it. We might use your information to develop aggregate statistics about our sales, customers, users, and site visitors, but these statistics will not include any personally identifiable information.

PROTECTING YOUR INFORMATION

Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.  Encore uses procedural, manual and electronic security controls to maintain the confidentiality and integrity of personal information in our possession, and guard against its unauthorized access or use. We are responsible for providing an adequate level of protection for that information, and for limiting or granting access as required by applicable law. Encore employees may have access to your personal information as part of their job. Such employees are expected to keep that information in confidence and share it only with those Encore employees who have a business reason to know. Unauthorized disclosures or uses are strictly prohibited, and employees who violate our policies may be subject to disciplinary action.

COMMUNICATIONS FROM US

If you provide us with your e-mail address, we may occasionally send you, in accordance with relevant regulations, e-mail with information or special offers about Encore products and services that may be of interest to you. We will give you an opportunity to let us know if you want to receive such e-mail when you provide us your personal data or register for an online Encore promotion. This applies to promotional e-mail only, as Encore may find it necessary to e-mail you relating to your customer account or order. All promotional e-mail that you receive from Encore will tell you how to decline receiving future promotional email.

ACCESS TO AND ACCURACY OF YOUR INFORMATION

Encore strives to keep your personal information accurate. Where practical, we will provide you online access to your information and the ability to correct it. Otherwise, you can request access to your personal information by contacting Encore, as described below. To protect your privacy and security, we will also take reasonable precautions to verify your identity before granting access to your information. Certain areas of Encore’s websites may limit access to users with a user ID and password.

MERGER OR ACQUISITION

Encore or its related entities could merge with or be acquired by another business entity, or its assets could be acquired. If that should happen, Encore will make every reasonable effort to notify you in the event we share your information with the merging or acquiring entity to allow us to continue serving you.

LINKS TO NON- ENCORE WEBSITES

Encore websites may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Encore website. Encore does not control those sites or their privacy practices, nor do we make any representations about third-party sites. Any information you provide to or through those sites is covered by the privacy policies of that site, not by this privacy policy. Please review the privacy policies of such sites before sharing your personal information.

DISCLOSURES REQUIRED BY LAW

Please be aware that in certain circumstances, Encore may be required by law to disclose your personal information. We will make every reasonable effort to limit the disclosure to only that information which is necessary to comply with such law.

EMPLOYMENT APPLICATION INFORMATION

If you provide us your personal information in relation to an application for employment with Encore, we may use this information throughout Encore and its related entities for the purpose of consideration of your potential employment with Encore. Unless you instruct us otherwise, we will retain the information for future consideration.

CONTACTING US

If you wish to contact us about our privacy policies or to correct or delete information we may have about you, please send an e-mail to info@encorerepair.com, or send a letter to:

Encore Repair Services, LLC

Attn: Legal Department

105 Prairie Lake Road, Unit D

East Dundee, IL 60118 USA

Please include your name, postal address, and e-mail address.

YOUR CALIFORNIA PRIVACY RIGHTS

Encore does not share personal information as defined by California Civil Code Section 1798.83 (“Shine the Light law”) with third parties for their direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us by email to info@encorerepair.com or by sending a letter to Encore Repair Services, LLC, 105 Prairie Lake Road, Unit D, East Dundee, CA 60118 (Attention: Legal Department). Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy from time to time and in our sole discretion. We reserve the right to change, modify, add or remove portions of this Privacy Policy at any time.  If and when we do, we will post those changes to our website and update the revision date of this document.  When you visit our website, you are accepting the current version of this Privacy Policy as posted on the website at that time.

Revision Date: June 2019