Terms of Use

PLEASE REVIEW THESE TERMS OF USE (“TERMS”) FOR THE ENCORE DISCOVERY SOLUTIONS WEBSITE (THE “SITE”). BY USING THE SITE, YOU AGREE TO THE FOLLOW AND BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU SHOULD STOP USING THE SITE.

In the event of a conflict between these Terms and the terms of any written agreement or contract between Encore Discovery Solutions and you or your employer, the written agreement shall control, except that any information or documents that you upload, post, transmit, distribute or otherwise publish on or to the Site shall not be treated as confidential information unless transmitted to a portion of the Site expressly designated for that purpose.

Please review these Terms regularly, as they may change at any time. By using the Site after a change in the Terms, you agree to follow and be bound by the Terms as changed.

Intellectual Property

Unless otherwise noted, you should assume that everything you see, hear, or otherwise receive from or on the Site (the “Content”) is copyright, trademark, trade dress or other intellectual property owned or licensed by Encore Discovery Solutions and protected under U.S. and international laws and treaties. Content includes, without limitation, software, images, graphics, artwork, photographs, trademarks, logos, text, documents, media, video, audio, sounds, the Site as a whole, and the selection, coordination and arrangement of Content.

Your Use of the Site

You may use or download Content for the purposes expressly stated for that Content on the Site, or for your personal noncommercial purposes, provided you keep unchanged all copyright and other notices with the Content. No other use, modification, reproduction, display or distribution of any Content is permitted.

You agree to make only lawful use of the Site, and to use the Site only in compliance with all federal, state and local laws and regulations and any contract you or your employer may have made with Encore Discovery Solutions, including these Terms. You agree to make no use of the Site that violates anyone else’s rights, including copyright, trademark, trade secret, right of privacy, right of publicity or other rights.

You agree not to upload, post, transmit, distribute or otherwise publish on or to the Site any materials that contain a software virus or other harmful component. You agree not to publish to the publicly available areas of the Site any materials that contain advertising or commercial material of any kind, except as expressly invited by Encore Discovery Solutions. You agree not to publish to the publicly available areas of the Site any materials that are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful. Encore Discovery Solutions is not responsible or liable for the conduct of any person using the Site.

Encore Discovery Solutions may change, suspend or discontinue any Site feature, or restrict your access to certain Site features, at any time without prior notice.

Links

Any links from the Site to third party sites are provided only as a convenience. Your use of outside links is at your sole risk. Such links do not mean that Encore Discovery Solutions endorses any third party, its site, or its goods or services. Encore Discovery Solutions is not responsible for any outside site, service or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials. If you have concerns regarding any site linked to or from the Site, please direct them to the owner or operator of the site.

You may not link to any pages other than the Encore Discovery Solutions home page. You may not create links to the Site that portray Encore Discovery Solutions in a false or misleading light. You may not use any “framing” or similar techniques to enclose any portion of the Site.

User Comments and Submissions

To submit comments regarding our Site or services, please contact us. However, if you are dissatisfied with the Site, any Content, or any of the Terms, your sole and exclusive remedy is to stop using the Site.

Disclaimers and Limitations of Liability

YOU USE THE SITE AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, ENCORE DISCOVERY SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE SITE. ENCORE DISCOVERY SOLUTIONS PROVIDES THIS SITE, ALL CONTENT AND ALL INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE, “AS IS.” ENCORE DISCOVERY SOLUTIONS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, IMPLIED WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

ENCORE DISCOVERY SOLUTIONS WILL NOT BE LIABLE FOR ANY LOSS, INJURY OR DAMAGE RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF FIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Encore Discovery Solutions does not warrant that your use of the Site, the operation of the Site, or any service offered on or through the Site, will be uninterrupted or error free, that defects will be corrected, or that the Site or its server are free of viruses or other harmful elements. Encore Discovery Solutions makes no representations regarding the currency, accuracy or reliability of information on the Site.

Indemnification

You agree to assume full responsibility for any use of any information, goods or services offered on or through the Site. You understand and agree that Encore Discovery Solutions will not be responsible or liable for any claim, loss or damage arising from the use of any information, goods or services on the Site.

You agree to defend, indemnify and hold harmless Encore Discovery Solutions and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site or your violation of any of the Terms.

Termination

Your failure to comply with the Terms automatically revokes your authorization to use the Site and terminates any and all rights granted to you under the Terms. Your obligations to Encore Discovery Solutions will continue upon termination of your rights under the Terms, including restrictions regarding the Content, disclaimers, indemnification obligations and liability limitations under the Terms. Upon termination of your rights, you must promptly destroy all Content downloaded or obtained from this Site, as well as all copies of any Content.

Miscellaneous

If a court of competent jurisdiction finds any provision or portion of the Terms to be void or unenforceable, that provision or portion will be enforced to the maximum extent permissible to implement the intent of the Terms, and the remainder of the Terms will remain in full force and effect. No waiver of any of the Terms shall be effective unless in writing and signed by both parties. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under the Terms. The Terms are the entire agreement between you and Encore Discovery Solutions relating to the Site. Any other agreement between you and Encore Discovery Solutions regarding the subject matter of the Terms is superseded and has no force or effect. All rights not expressly granted herein are reserved.