These Terms of Use ("Terms") govern your access to and use of the website encoretechinc.com (the "Site") and the software platforms and related services provided by Encore Technologies ("Encore," "we," "us," or "our"), including WarehouseCEO, CStoreCEO, LiquorStoreCEO, SmokeShopCEO, and other Encore products and customer accounts (collectively, the "Services").
Please read these Terms carefully. By accessing or using the Site or the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not access or use the Site or the Services.
Contents
1. Acceptance of Terms
By accessing or using the Site or the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, whether or not you have created an account. If you are using the Services on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.
2. Eligibility
The Site and Services are intended for businesses and for users who are at least 18 years old and able to form a legally binding contract. By using the Services, you represent and warrant that you meet these requirements.
3. Accounts & Registration
Certain features require an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at support@encoretechinc.com if you suspect any unauthorized use of your account.
4. Use of the Services
Subject to these Terms, Encore grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. We may update, modify, or discontinue features of the Services at any time. We may also establish limits on use and storage at our discretion.
5. Subscriptions & Payment
- Fees. Paid Services are billed according to the plan or order you select. You agree to pay all applicable fees and taxes.
- Billing cycles. Subscriptions may renew automatically for successive periods unless canceled in accordance with your plan. You authorize us (or our payment processor) to charge your payment method on a recurring basis where applicable.
- Refunds. Except as required by law or as stated in a separate order or refund policy, fees are non-refundable.
- Changes. We may change our fees on reasonable notice; changes apply to the next billing cycle.
6. Acceptable Use
You agree not to, and not to permit others to:
- Use the Services for any unlawful, fraudulent, or unauthorized purpose;
- Violate any applicable law or regulation, or infringe the rights of others;
- Access, tamper with, or use non-public areas of the Services or our systems without authorization;
- Introduce viruses, malware, or other harmful code, or disrupt the integrity or performance of the Services;
- Reverse engineer, decompile, or attempt to extract source code, except where permitted by law;
- Resell, sublicense, or otherwise commercially exploit the Services without our written consent; or
- Use automated means to access the Services in a manner that burdens our infrastructure.
7. Your Content & Data
You retain ownership of the data and content you submit to the Services ("Your Content"), such as inventory, pricing, sales, and store-management information. You grant Encore a limited license to host, process, and use Your Content solely to provide and improve the Services and as described in our Privacy Policy. You are responsible for the accuracy and legality of Your Content and for maintaining appropriate backups.
8. Intellectual Property
The Site and Services, including all software, text, graphics, logos, and trademarks (including "Encore," "WarehouseCEO," "CStoreCEO," and related marks), are owned by or licensed to Encore and are protected by intellectual property laws. Except for the limited license granted to you, no rights are transferred to you. You may not use our trademarks without our prior written permission.
9. Third-Party Services
The Services may integrate with or link to third-party products and services, including payment processors and remote-support software. Your use of those third-party services is governed by their own terms and policies, and Encore is not responsible for them.
10. Disclaimers
The Site and Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Encore does not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected.
11. Limitation of Liability
To the fullest extent permitted by law, Encore and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Site or Services. Encore's total liability for any claim arising out of or relating to these Terms or the Services will not exceed the amount you paid to Encore for the Services during the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless Encore and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, Your Content, or your violation of these Terms or applicable law.
13. Termination
We may suspend or terminate your access to the Site or Services at any time, with or without notice, if we believe you have violated these Terms or if necessary to protect the Services or other users. You may stop using the Services at any time. Upon termination, the rights granted to you will cease, and provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.
14. Governing Law
These Terms are governed by the laws of the State of Alabama and applicable U.S. federal law, without regard to conflict-of-law principles. You agree that any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the state and federal courts located in Alabama, unless otherwise required by applicable law.
15. Changes to These Terms
We may revise these Terms from time to time. When we do, we will update the "Last updated" date above and, where required, provide additional notice. Your continued use of the Site or Services after changes take effect constitutes acceptance of the revised Terms.
16. Contact Us
If you have questions about these Terms, please contact us:
Encore Technologies
3945 Lorna Road, Hoover, AL 35244, United States
Email: info@encoretechinc.com
Support: support@encoretechinc.com
Phone: +1 (205) 490-8817