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When using Encounter Collaborative, Inc., ("Encounter ")
services ("services"), you agree to the terms and conditions
listed on this page (the "Terms of Use").
If you order or use any Encounter services or visit our website,
you accept these Terms of Use so please read them carefully. In
addition, when you use any current or future Encounter services
whether or not included in our website, you will also be subject
to our current Terms of Use.
Privacy
To understand our practices, please review our privacy policy that
also governs your visit to our website and use of our services.
A complete statement of our privacy policy can be found on
our privacy page.
Ownership
All rights that are not granted to you are reserved by Encounter
. The services, our technology, and any updates or improvements
to the services and our technology, are owned by Encounter and its
licensers. Encounter and our licensers own all copyrights, patents,
trademarks, trade secrets, and other intellectual property rights
relating to or residing in our services. You understand that our
services and technology contain valuable software and confidential
information and you agree that you will not modify, reverse engineer,
decompile, create other works from, or disassemble any of our software
without our prior written consent.
Trademarks
Encounter , Encounter Collaborative, and our graphics, logos, page
headers, button icons, scripts, and service names are trademarks
or trade dress of Encounter Collaborative, Inc. Encounter trademarks
and trade dress may not be used in connection with any product or
service that is not provided or authorized in writing by Encounter
, or in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Encounter . All other
trademarks not owned by Encounter that appear on this site are the
property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by Encounter.
Your Account
You are responsible for maintaining the confidentiality of your
account number and password and for restricting access to your account
number and password. You agree to accept responsibility and liability
for all activities that occur under your account or password whether
lawful or unlawful. You are also solely responsible for all uses
of your account and password, whether or not actually or expressly
authorized by you. We do not sell products or services for children.
If you are under 18, you may use our services only with involvement
of a parent or guardian. We reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in
our sole discretion. Violation of Terms of Use may result in immediate
deletion of your account.
In order to ensure that we are able to provide high quality services
that are responsive to your needs, you agree to allow our employees
to access your account and records on a case-by-case basis to investigate
complaints. We will not disclose the existence or occurrence of
such an investigation unless required by law.
Payment
We will send you a monthly invoice for your use of the services.
You agree to pay the invoice by the due date. If you do not pay
the entire invoice by the due date we may apply a late payment charge
at the lesser of one and one half percent (1.5%) per month or the
highest rate permissible under the applicable law. At any time,
we may require a deposit or other form of advance payment prior
to providing or continuing to provide Service based on our evaluation
of your credit. Unless we otherwise agree in writing, we may adjust
our fees at any time, but we will attempt to provide you with some
advanced notice. International rates can change without notice.
Any features or upgrades to our services will be provided to you
on terms and prices generally available to the public or as otherwise
agreed by us in writing.
Communication and Content
You are responsible for the content of the messages you communicate
when using our services as well as the consequences of those messages.
You agree that you will not use our services to engage in activities
that are illegal, obscene, threatening, defamatory, invade privacy,
infringe intellectual property rights, or otherwise injure third
parties or are objectionable. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead us as to
your identity.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS WE OTHERWISE AGREE IN WRITING, THIS SITE AND THE SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTY OF ANY KIND. Encounter EXPRESSLY DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING
THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. Encounter DOES NOT REPRESENT OR WARRANT THAT THE
SERVICES WILL BE ERROR FREE, SECURE, VIRUS FREE, OR WITHOUT INTERRUPTION.
NEITHER OF US WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND,
INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS,
OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH
SERVICES PROVIDED BY US (HOWEVER ARISING, INCLUDING NEGLIGENCE),
EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Encounter
TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SERVICES RENDERED,
WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED ANY AMOUNTS
ACTUALLY REALIZED BY Encounter (LESS ANY PAYMENTS TO YOU) DURING
THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH LIABILITY.
Indemnification
You agree to indemnify, defend and hold harmless Encounter , its
affiliates, officers, directors, employees, consultants and agents
from any and all third party claims, liability, damages and/or costs
(including, but not limited to, attorneys fees) arising from your
use of our services, your violation of the Terms of Use or your
infringement, or infringement by any other user of your account,
of any intellectual property or other right of any person or entity.
The Terms of Use will inure to the benefit of Encounter's successors,
assigns and licensees.
Publicity and Press Release
With your prior review and approval, we may issue a press release
announcing your use of the Service. We may use your name or logo
on our Site or in collateral marketing materials relating to the
services.
Applicable Law
These Terms of Use will be governed by and construed in accordance
with the laws of the State of Oregon, without giving effect to its
conflict of laws or your actual state or country of residence.
Modification and Severability
We reserve the right to make changes to our site and policies at
any time. If any of these conditions are deemed invalid, void, or
for any reason unenforceable, that condition well be deemed severable
and will not affect the validity and enforceability of any remaining
condition.
Contact us
Encounter Collaborative
919 SW Taylor
Portland, OR 97205
Phone: 503.321.3400
Toll free: 800.290.5900
Fax: 503.295.7440
webmaster@e2c.com
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