Site Usage and Terms
Copyright 2010, Encore Audio/Video. All rights reserved.
Use of this Web site is conditioned upon your acceptance of the terms and conditions below. By using this Web site, you acknowledge that you agree to these terms and conditions. These terms and conditions are subject to change from time to time, so you should review them for changes periodically. Use of the Web site after such changes constitutes your acceptance of the terms and conditions in effect at the time of such use.
RESTRICTIONS ON USE OF MATERIALS
This Web site is owned and operated by the Encore Audio/Video. Except as expressly authorized, no material from this Web site or any Web site owned, operated, licensed, or controlled by the Encore Audio/Video may be downloaded, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your internal non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the Encore Audio/Video’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. Any product, process or technology described in this Web site may be the subject of other intellectual property rights reserved by the Encore Audio/Video or its members and is not licensed to you hereunder.
LIMITED ACCESS AREAS
Certain areas of the Web site are password protected and available only to users whom the Encore Audio/Video has given special access privileges. You agree that you will not attempt to access these areas unless the Encore Audio/Video has provided you with access privileges and that you will not attempt to access materials and information within the limited access area that are outside of scope of the access privileges that the Encore Audio/Video has granted you.
LINKS TO OTHER SITES
As part of its activities, the Encore Audio/Video provides links to the Web sites of its members and other sites that it believes may offer useful information that is related to its mission. These sites are not affiliated with the Encore Audio/Video. The Encore Audio/Video is not responsible for the content of such other sites and shall not be liable for any damages or injury arising from users’ access to such sites. In addition, those sites are not subject to these terms and conditions or any additional policy that the Encore Audio/Video may implement from time to time. You are responsible for determining the applicable use terms and policies, if any, that may apply to your use of those sites.
LINKS TO THIS WEB SITE; WEB SERVICES
Subject to any additional rights or restrictions set forth in any separate linking agreements regarding this Web site that you may have entered into with the Encore Audio/Video, you may provide links to this Web site provided that you adhere to the following requirements: (i) any link to the Web site must be a text only link clearly marked “Encore Audio/Video Web site,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Encore Audio/Video names or its marks, (iii) the link must “point” to “www.encoreaudiovideo.com” and not to other pages within the Web site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the Encore Audio/Video, (v) when selected by a user, the link must display the Web site on full-screen and not within a “frame” on the linking Web site, and (vi) the Encore Audio/Video reserves the right to revoke its consent to the link at any time and in its sole discretion.
You may not access any page on this Web site or any information or data contained on or accessible through this Web site for the purpose of providing any form of service for your internal use or for the use of any third party unless you have entered into a written agreement, such as a portal agreement, with the Encore Audio/Video for this purpose.
ENCORE AUDIO/VIDEO INFORMATION
The Encore Audio/Video has developed this Web site as a service to its members and the general public. It endeavors to keep the information on the Web site up to date. However, the information may nevertheless become out of date over time. The Encore Audio/Video shall not be liable for any inaccuracy or incompleteness of this Web site or for the failure to update the information contained on this Web site.
THIRD-PARTY INFORMATION, MATERIALS AND SUBMISSIONS
This Web site may contain information and materials that third parties have provided to the Encore Audio/Video (“Third-Party Content”). The Encore Audio/Video does not independently verify Third-Party Content, makes no representation as to its accuracy, and assumes no responsibility for your use of the Third-Party Content and any consequences of that use, including, without limitation, any damages, injuries or results that may result from its use.
Submissions by visitors to this Web site, including feedback data such as questions, comments, suggestions regarding the content of the material on this Web site shall be deemed to be non-confidential and in the public domain. The Encore Audio/Video shall have no obligation of any kind with respect to such submission and shall be free to reproduce, use, disclose, and distribute the information that such submissions contain to others without limitation. Potential uses may include, without limitation, use of ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, such as, for example developing, manufacturing and marketing products incorporating such information.
The foregoing paragraph does not apply to submissions that the Encore Audio/Video expressly makes subject to additional restrictions or to any submissions by members that are subject to special agreements or rules of membership.
You may not under any circumstance or in any manner post or transmit to or from this Web site any materials that are unlawful, threatening, libelous, defamatory, obscene, pornographic, or that would otherwise violate any law or injure any person or entity.
THE INFORMATION AND MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE ENCORE AUDIO/VIDEO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE ENCORE AUDIO/VIDEO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ENCORE AUDIO/VIDEO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The materials, information and data on this Web site are prepared entirely at private expense and are “commercial items” as that term is defined in 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 through 227.7202-4, use by the United States government of this Web site is subject to the limitations in these terms and conditions.
"Encore Audio/Video," the Encore Audio/Video logo, "Encore Audio/Video Certified," and the Encore Audio/Video Certified logo are trademarks of the Encore Audio/Video. All other trademarks are the properties of their respective owners.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE SHALL THE ENCORE AUDIO/VIDEO BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,. THE INFORMATION OR MATERIALS IN THIS WEB SITE, EVEN IF THE ENCORE AUDIO/VIDEO OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE ENCORE AUDIO/VIDEO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO THE ENCORE AUDIO/VIDEO, IF ANY, FOR ACCESSING THIS WEB SITE. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Encore Audio/Video site(s) and all related documentation and all copies and installations thereof, whether made in accordance with these terms and conditions or otherwise. These terms and conditions will terminate immediately without notice from the Encore Audio/Video if in the Encore Audio/Video's sole discretion you fail to comply with any term, condition or provision of these terms and conditions. Upon termination, you must destroy all materials obtained from this Web site and any and all other site(s) of the Encore Audio/Video and its affiliates and all copies thereof, whether made in accordance with these terms and conditions or otherwise.
JURISDICTION AND OTHER MATTERS
This Web site is controlled and operated by the Encore Audio/Video from its offices within the State of Oregon, United States of America. The Encore Audio/Video makes no representation that materials in the Web site are appropriate or available for use in other locations. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms shall be governed by and construed in accordance with the laws of the State of Oregon as applied to agreements entered into and fully performed therein by residents thereof. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the Multnomah, Oregon and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.