TERMS / of Use

The conditions you have to comply with, to make use of our website

Website property and its conditions of use

These terms and conditions of use apply to the website of ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. located in the domain www.encoreuniversal.com, and all associated links aimed to www.encoreuniversal.com. The website is owned by ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE WEBSITE.

ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. reserves the rights, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time.

It is your responsibility to review these Terms of Use periodically to review any changes. Continued use of the ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.'s Website after changes made and published in these conditions, means that you accept and agree with the changes. As long as you comply with these Terms of Use, ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. guarantees a limited, personal, non-exclusive and non-transferable privilege to enter and use the website.

Content

All text, images, user interfaces, visual interfaces, photographs, trademarks and patents, logos and artwork (collectively, the "Content"), including but not limited to the design, structure, coordination, expression, web design and sorting of that Content on the website, is owned and controlled by ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A., and is protected by trademark and patent laws.

Except as expressly written in these Terms of Use, no part of the Website and no content may be copied, shown publicly, translated, transmitted or distributed in any way to computers, servers, websites, or other means of publication or distribution, or to any other company without the prior express written consent of ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A..

Your website use

You should not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm, methodology or, other similar or equivalent manual process, to access, acquire, copy or monitor a part of the Website or any Content, or to obtain, or attempt to obtain any materials, documents or information through any means not publicly available through the website. ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. reserves the right to ban such activities. You should not attempt to gain unauthorized access to any portion or feature of the website, or any other system or network connected to the website or any ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. server, or any service offered on or through the website, by "hacking" "password mining" or any other illegitimate means. You should not probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the website security or authentication measures, or any network connected to it. You can't do "reverse look-up", track or try to trace any other user or website visitor, or some other client information, including any other ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.'s account that you do not own, to its source. You must not exploit the website or, any service or information made available or offered by or through the website in any way that is intended to reveal any information, including but not limited to personal identification or information, other than your own information, as is provided by the website.

You agree not to perform any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site or systems or networks of ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A., or any systems or networks connected to the website. You also agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction carried out on it, or with someone else's website use.

You should not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmission of a message you send to ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. through the website or any service offered on or through the website. You should not pretend it is, or represents, another person, or impersonate any person or entity.

You should not use the website or the Content for any purpose that is unlawful or prohibited by these Terms of Use, to solicit the performance of any illegal activity or any activity that infringes ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.'s or other's rights.

Purchases; Other terms and conditions

ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. obligations, if any, with respect to its products and services are governed solely by the agreements under which they are provided, and nothing on the website should be construed to alter such agreements.

ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. can make changes to any product or service offered on the website, or to the price of any product or service, at any time, without notice.

Accounts, Passwords and Security

Some features or services offered on or through the website may require that you create an account. You are entirely responsible for maintaining the confidentiality of the information you manage in your account, including your password, and for any and all activities that occur under your account as a result of its failure to keep this information secure and confidential. You agree to notify ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. immediately of any unauthorized use of your account or password, or any other security breach.

You can be held liable for losses incurred by ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. or any other user or website visitor, because someone else use your ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.'s account or password, due to the failure to keep your account information secure and confidential.

You should not use others ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.'s account or password at any time without the express written consent of the owner of that ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.'s account and password. ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. cannot and will not be held responsible for any loss or damage arising from your failure to comply with these obligations.

Privacy

The ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.'s Privacy Policy applies to the use of this website and its terms are part of these Terms of Use by this reference. Additionally, by using this site, you acknowledge and agree that Internet transmissions are not completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, information from a credit card) is encrypted.

Links to other websites and to ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.'s website

This website may contain links to other websites of independent entities ("Linked Websites"). These linked websites are provided solely as convenient for our visitors. These linked websites are not under ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.'s control, and ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. is not responsible for the content of such Linked websites, including any information or material contained on such Linked websites. You will use your own independent judgment with respect to the interaction with such Linked websites.

Disclaimers

ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. do not promise that the website or any content, service or feature of the website will operate error-free or uninterrupted, or that any defects will be resolved, or that your use of the website will provide specific results. The website and its content are delivered on "as is" and "as available" basis. The information provided on the website is subject to change without notice. ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. cannot ensure that any files or other information that you download from the website will be free of viruses, contamination or destructive features. ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. disclaims any express or implied warranties, including any warranties of accuracy, non-infringement, merchantability and customization for a particular purpose.

ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. disclaims all liability for the acts, omissions and conduct of any third parties in connection with or related to the use you give to the website and/or any ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.'s service. You assume full responsibility for any use you make of the website and any linked websites. Your exclusive remedy against ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. for dissatisfaction with the website or its contents is to leave the site or stop using such Content.

Previous liability exemption applies to any liability or damage caused by any failure of performance, error, omission, interruption, deletion, delays in operation or transmission, computer virus, failure in communication line, theft or destruction, unauthorized access, whether for breach of contract, tort, negligence or any other cause of action.

ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. reserves the right to make any of the following, at any time, without notice:

1. Modify, suspend or remove access to the website, or any portion thereof, for any reason.
2. Modify or change the website, or any part thereof, and any applicable policies or terms of use.
3. Disrupt the operation of the website, or any part of the website, as necessary to perform routine or non-routine maintenance, error correction and other changes.

Except where prohibited by law, in no event ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. will be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including profits losts, even if ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. has been advised of the possibility of such damages.

If, despite the other provisions of these Terms of Use, ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. is held liable to you for any damage or loss arising out of or is in any way connected to your use of the Website or Content, ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.'s responsibility in no event will exceed an amount greater than the total of any subscription or similar fees with respect to any service or feature on the website or paid in the six (6) months prior to the date of the initial claim made against ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. (but not including the purchase price of any ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.'s service or software).

Indemnification

You agree to indemnify ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A., its directors, shareholders, employees, agents, subsidiaries and affiliates from any claim, loss, liability, claims or expenses (including attorneys' fees), made against ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. by any third party due to the arising out of or in connection with your use of the website.

Violation of these Terms of Use

ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. may disclose any information we have about you (including your identity), if we determine that disclosure is necessary in connection with any investigation or complaint regarding your use of the website.

We may also disclose information to identify, contact or bring legal action against any person who may be causing injury to, intentionally or unintentionally, rights and/or property of ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A., or the rights and/or property of visitors or users of the website, including ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.'s customers.

ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. may also reveal your information when ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection.

You acknowledge and agree that ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. may preserve any of your transmittal or communication with ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. through the website or any service offered on or through the website, and may disclose such information if required by law or ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. determined that such preservation or disclosure is reasonably necessary to:

1. Comply with legal processes.
2. Enforce these Terms of Use.
3. Respond to claims that any information violates the rights of others.
4. Protect the rights, property or personal safety of ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A., its employees, users and website visitors, and the public.

You agree that ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. may, in its sole discretion and without prior notice, terminate your access to the website and/or block your future access to the site, if we determine that you have violated these Terms of Use or other agreements or standards, that can be associated with your use of the website. You also agree that any violation of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable damage to ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A., for which monetary damages would be inadequate, and you consent to ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. get any injunctive or other equitable relief that ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. deems necessary or appropriate in such circumstances. These resources are in addition to any other remedies ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. may have at law or in equity.

You agree that ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. may, in its sole discretion and without notice, terminate your access to the website, for cause, which includes (but is not limited to):

1. Requests for law enforcement or other government agencies.
2. A request by you (deleting accounts on your own initiative).
3. Discontinuance or material modification of the Website or any service offered on or through the website.
4. Unexpected technical problems.

If ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. take any legal action against you because of your violation of these Terms of Use, ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. is entitled to recover from you, and you agree to pay all attorney fees and costs of such action, plus any other relief granted to ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A.. You agree that ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. will not be liable to you or to any third party for termination of your access to the website, resulting from any violation of these Terms of Use.

Applicable Law; Resolution of Disputes

You agree that all matters related to your access or use of the website, including all disputes, will be governed by the laws of the United States of America and the laws of the State of Florida without regard to its conflicts of law provisions.

You submit to the personal jurisdiction and venue in the state of Florida, and waives any objection to such jurisdiction or venue.

Any claim under these Terms of Use must be filed within six (6) months after the cause of action arises or such claim or cause of action is barred. Claims under other terms and conditions of purchase of goods and services, are not subject to this limitation.

You can not look for or recibe recovery damages that are not from your direct-pocket, except those to be awarded to the prevailing party entitled to costs and attorneys' fees.

In the event of any controversy or dispute between you and ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A., as a result of the connection or use of the website, the parties will attempt to promptly and in good faith to resolve the dispute. If we fail to resolve the dispute within a reasonable (not more than thirty days) period, either party may refer the dispute to mediation or conflict. If the dispute can not be resolved through mediation, the parties are free to pursue any right or remedy available under applicable law.

Void where prohibited

LAYER AVENUE manages and operates the website www.encoreuniversal.com from their locations in Valencia-Venezuela, Miami/Chicago-USA and Madrid-Spain. Any offer for any feature, product or service made in the website is void where prohibited. If you choose to access the website from different locations to those where our company is located, you do so at your own initiative and you are solely responsible for compliance with applicable local laws.

Miscelaneous

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction and is void or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that indicate in a better way the intent of these Terms of Use, so that these Terms of Use remain in full force and effect.

These Terms of Use constitute the entire agreement between you and ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. regarding the use you give to the site, and any written or oral agreement or existing understanding between you and ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. regarding such use is replaced and canceled. Except as provided in a purchase agreement between you and ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A., ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. will not accept any counter-offers to these Terms of Use, and all such offers will be rejected outright.

ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. failure to insist upon strict performance of these Terms of Use shall not be construed as a ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. waiver of any provision or right it has to enforce these Terms of Use, or any course of conduct between ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. and you or other party, it shall be deemed to modify any provision of these Terms of Use.

These Terms of Use shall not be construed as granting any rights or remedies to third parties.

Feedback and information

Any feedback you provide on this website will be considered non-confidential and ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A. will be free to use such information without restriction.

The information contained on this website is subject to change without notice.



All rights reserved.
ENCORE UNIVERSAL LLC or ENCORE VENEZUELA, S.A., Miami, FL, USA.
Updated by Legal Department on October 14th, 2016.