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Privacy Policy
757.564.7226   grow@encorepartners.com
Terms of Use
Privacy Policy

TERMS OF USE, DISCLAIMER AND PRIVACY POLICY AGREEMENT

PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE:IT IS A BINDING AGREEMENT BETWEEN YOU AND ENCORE PARTNERS, LLC ("ENCORE"). BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SERVICE.

1.                  What we are: Encore is a consulting and training firm helping grow the business of financial services companies and their advisors and brokers.Encore offers several services on this Web site (the "Web Site"), including, without limitation, the availability of the Enward organizational tool, discussion forums, publication of articles and reports, and the registration for seminars hosted by Encore.These services and this Web Site constitute the "Service."

2.                  Where we are: Encore's address is 504 Strawberry Plains Road, Williamsburg, Virginia 23188 and its email address is admin@encorepartners.com.Any notices to Encore shall be directed to that address and email address.Our phone number is (757) 564-7226.

3.                  Ownership of this Web Site and its Content.The Service is proprietary to Encore and is protected by intellectual property laws and international intellectual property treaties. Under the terms and conditions of this Agreement, Encore grants you a nonexclusive, nontransferable, nonsublicensable right to access and use the Service.All of the content featured or displayed on the Web Site, including, but not limited to, text, graphics, quotes and other financial data, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Encore, its licensors or its content providers. All elements of the Web Site, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, trademarks, moral rights, and/or other laws relating to intellectual property rights.Without limitation, the words "Encore Partners" and the Encore Enfinity symbol with the Encore logotype are registered trademarks of Encore Partners (pending application).Any copying, re-publication, re-displaying, re-transmitting or re-distribution of the Content, including by caching, framing or similar means, is expressly prohibited without prior written consent of Encore.The Web Site, its Content and all related rights shall remain the exclusive property of Encore, its licensors, or its content providers unless otherwise expressly agreed.No user may remove, alter or cover any copyright or other proprietary notices placed on this Web Site.

4.                  Indemnification.You agree to indemnify, hold harmless and defend Encore, its members, managers, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Content and related rights; and (b) your use of the Service, including any data or work transmitted or received by you.

5.                  Our Privacy Policy:Encore believes strongly in preserving Web user privacy. Below is the policy that Encore follows on privacy:

A.                  Information Collected.We intend to gather and store information from this Web Site (or from any other contact you have with Encore) as follows.In order for you to access certain services and to purchase products that we offer via the Web Site, we require you to provide us with information that personally identifies you ("Registration Data").Registration Data may include:(i) Contact Data (such as your name, mail and e-mail addresses) and (ii) Demographic Data (such as your zip code, age, income, and characteristics of your business).If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards or forums, or otherwise complete online forms, surveys or contest entries, any information provided in such communication may be collected as Registration Data.If you register for an Encore seminar, a third party company will collect certain Financial Data (such as your account or credit card number), to which Encore will not have access.

We also track the number of visitors accessing the Web Site.In addition, Encore may be able to detect certain information about your server or your computer by virtue of your visit to this Web Site, such as your make and model of Web browser and your operating system, your IP address, and your domain server.Encore does so only to facilitate your use of this Web Site and not for any other purpose.

B.                  Changes to your Registration Data.Should your Registration Data ever change, please notify us by e-mail at admin@encorepartners.com or by sending a written request to our address, provided above.

C.                  Use of Registration Data.Except as specified below, Encore will not disclose any personal information about you or your account, including its contents, without your prior consent unless Encore has a good faith belief that such action is necessary to:(i) comply with legal process or other legal requirements or any governmental authority; (ii) protect and defend the rights or property of Encore; (iii) enforce this Agreement; or (iv) protect the interests of users of the Service other than you or any other person.

We will use your Registration Data only to provide services to you, if requested, or to contact you about an opportunity to purchase other Encore goods or services. You can opt out of receiving these reminders, and in that case, we will not contact you even for these purposes.

Encore does disclose certain Registration Data, in aggregate form, collected from and relating to you, to third persons for educational purposes in Encore's seminars.

D.                  Opting Out of Our Registration Database.You may opt out of our registration database by sending an email to Encore at admin@encorepartners.com or by sending a written request to opt out to our address, provided above.Once we have finished processing your opt-out, we will delete your information from our registration database and not contact you again for any purpose unless you request that we do so.After you send an opt-out request, you may still receive messages that were in the queue to be sent when we received your opt-out request.Of course, Encore will no longer be able to provide services to you if you opt out of our registration database.

E.                   No Liability for Acts of Third Parties.We will use all reasonable efforts to safeguard the confidentiality of the Registration Data.Nonetheless, transmissions made by means of the Internet cannot be made absolutely secure by us, since we do not control the Internet.We disclaim any liability for disclosure of Registration Data due to errors in transmission by third parties or unauthorized acts of third parties.

F.                   Changes to this Privacy Policy.We may change this Privacy Policy in the future.Any changes will be effective upon the posting of a revised privacy policy on this Web Site.

6.                  Representations and Warranties. You represent and warrant to Encore that: (a) you have the power and authority to enter into and perform your obligations under this Agreement; (b) you will comply with all terms and conditions of this Agreement; (c) you are at least eighteen (18) years old; and (d) you shall not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which, in the determination of Encore, in its sole discretion (i) restrict or inhibit any other user from using and enjoying the Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications or origin or statements of fact.

7.                  Termination.This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated.Encore reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend your access to or use of all or any portion of the Service; and (c) terminate this Agreement.

8.                  Use of the Web Site. The Content is for personal use only.Encore does not and cannot review all materials posted to the Web Site by users, and Encore is not responsible for any such materials posted by users.However, Encore reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, that in Encore's sole discretion are objectionable or in violation of this Agreement.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Web Site, you hereby grant to Encore a perpetual, worldwide, irrevocable unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed.You hereby waive all rights to any claim against Encore for any alleged or actual infringements or any proprietary rights, rights of privacy and publicity, moral rights, and rights or attribution in connection with such Communications.

Quotes and other financial data are provided for your personal information only, and are not intended for trading purposes.ENCORE AND ITS DATA PROVIDERS SHALL NOT BE LIABLE FOR ANY ERRORS OR DELAYS IN THE QUOTES OR OTHER DATA, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.

The Web Site may contain links and pointers to other Internet sites and resources.Links from the Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by Encore of any third party resources, or their contents.

You are solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Web Site.You are solely responsible for any authorized or unauthorized access to your account by any person.You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Service with your password.

9.                  Disclaimer of Warranties.THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND ENCORE EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK.ENCORE MAKES NO WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE.ENCORE MAKES NO OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.

ENCORE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED BY THE WEB SITE.ANY OPINIONS OF ENCORE POSTED ON THE WEB SITE CONSTITUTE THE JUDGMENT OF ENCORE AT THE TIME OF ORIGINAL PUBLICATION, WHICH IS SUBJECT TO CHANGE WITHOUT NOTICE.YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY OPINION, ADVICE, DATA, STATEMENT, MEMORANDUM, OR INFORMATION PROVIDED BY THE WEB SITE SHALL BE AT YOUR SOLE RISK.ENCORE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEB SITE.

10.              Limitation of Liability. YOU AGREE THAT ENCORE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USE OF, OR INTERPRETING INFORMATION OBTAINED THROUGH USE OF THE SERVICE.UNDER NO CIRCUMSTANCES SHALL ENCORE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF ENCORE OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.

ENCORE DOES NOT CONTROL OTHER WEB SITES THAT MAY PROVIDE LINKS TO THE SERVICE.ENCORE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING FROM INFORMATION CONTAINED ON OTHER WEB SITES, FROM THEIR LINKING TO THIS WEB SITE, OR FROM LINKS ON THE ENCORE WEB SITE TO OTHER WEB SITES.

11.              Additional Disclaimer of Warranties Related to Computer Technology.ENCORE DOES NOT WARRANT THAT THE USER'S USE OF THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET A USER'S REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.ENCORE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE AVAILABILITY OF THE SERVICE, INCLUDING WITHOUT LIMITATION UNAVAILABILITY CAUSED BY HEAVY TRAFFIC, TECHNICAL DIFFICULTIES, OR ANY OUTAGE OR OTHER INTERRUPTION IN SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.Users may also have other rights that vary from state to state.

12.              Amendment. Encore shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by posting such amended terms on this Web Site.Your access or use of the Service after the date such amended terms are posted shall be deemed to constitute acceptance of such amended terms.

13.              General.This Agreement contains the entire agreement between the user and Encore regarding the Service, and replaces all prior or contemporaneous representations, understandings or agreements. In the event that any term on this Web page conflicts with any statement made on any other page of this Web Site, the term on this page controls.This Agreement may be modified only by Encore by the means described above, or by a writing signed by both a user and an authorized official of Encore. No failure, delay in exercising or enforcing any right or remedy hereunder by Encore shall constitute a waiver of any other right or remedy, or future exercise thereof.If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.Unless otherwise explicitly stated, the provisions contained herein will survive termination of the user's access to and use of the Service.This Agreement shall be governed by the laws of the Commonwealth of Virginia, without regard to conflict of laws rules.Any litigation arising from or related to this Agreement shall be instituted and maintained only in the Circuit Court for the City of Richmond or the United States District Court for the Eastern District of Virginia.You agree that you hereby waive your right to a jury in any such trial.