Privacy & Security
At EncorePro.org ("EncorePro"), we are committed to protecting the privacy of our customers and users of our web site located at http://encorepro.org/ (the "Site"). This privacy policy ("Privacy Policy") gives you details of our privacy practices, including (a) what information we collect about you when you use the Site; (b) how the information will be used or disclosed; and (c) your rights with respect to our collection and use of your data. We may modify these policies from time to time and will provide notice of any major changes by posting such notice on the Site.
Privacy
Information We Collect and Why?
Transaction Information: We may ask you to provide us with personal information on a voluntary basis in certain areas of the Site, and you will be required to provide personal information when you make purchases on the Site. The kinds of personal information that we may request may include your name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services. All such information will be used in accordance with the terms of this Privacy Policy.
Site Information. As well as using information about you for the specific purposes set out above, we may also use information about visitors to the Site to monitor consumer interest in our range of products and services, to troubleshoot problems that may arise on our Site, to protect against fraud or other criminal activity on our Site, to customize your user experience on the Site, to notify you of product or service offerings that we may think may be of interest to you, to inform you about special promotions, and to assist us in tailoring our product lines, our services and the content of the Site to our online visitors' needs by collecting information about their preferences through tracking patterns of page-viewing on the Site. To assist in this, we might create a profile relating to you in order to show you the content that we think you might be interested in and to display the content according to your preferences. We will not share the data we collect about you and other visitors to the Site in any form, other than as it relates to the performance of our business, and in that case, those we share it with (such as instrument specialists) will be governed by our terms and conditions.
Communication. If you communicate with us, we may retain this correspondence to improve our products, services, and the Site, and for other disclosed purposes. We may use information you provide to us in order to send you updates, such as notifications of changes to the terms of our services or important information about our services and products. You can at any time email us and stop us sending such information
Specifically, EncorePro:
will not share any portion of its transactional, Site or Communication information list with other organizations.
may disclose information about individual users to third parties who provide services to EncorePro and who agree to maintain the confidentiality of such information in accordance with this Privacy Policy.
will disclose information about individual users to governmental or judicial authorities or law enforcement agencies, or to other individuals or entities in response to a subpoena, court order, or other legal process. Further, EncorePro may share information in order to investigate, prevent, or take action regarding illegal activities or suspected fraud, or to enforce or apply the terms and conditions of our agreement.
if EncorePro is acquired by or merged with another company, EncorePro may transfer personally-identifiable information about you to that company.
Your Rights
Access and Correction: You have a right to know about the personal information that EncorePro holds about you. You also have a right to correct, amend or delete such information if it is incorrect. If you wish to exercise these rights, please contact us by post or e-mail via the "Contact Us" link at the bottom of each page of the Site.
Opt Out: From time to time, we may notify you of special promotions, changes to our Site, new product lines or new service offerings, or products that we think may be of special interest to you. If you decide you no longer want to be notified of this information, click “contact Us” and we will take care of it.
eMailing List: EncorePro will not share its eMailing lists with any other organization..
Security
The Site incorporates appropriate safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information we have collected, and we have put in place reasonable precautions to protect information from loss, misuse and alteration. Our security and privacy policies are periodically reviewed and enhanced as required and only authorized individuals have access to the information you provide us. Although we take appropriate measures to safeguard against unauthorized disclosures of information, like any other Site, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.
Using our site means that you acknowledge that EncorePro is not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
External Links
The Site provides links to various Web sites maintained by third parties. When you click on one of these links, you will be transferred out of our Web site and connected to the Web site of the organization or company that maintains such site. Even if an affiliation exists between our Web site and a third party Web site, we exercise no control over linked sites. Each of these linked sites maintains its own independent privacy and data collection policies and procedures. If you visit a Web site that is linked to the Site, you should consult that site's privacy policy before providing any personal information.
Terms and Modifications to Privacy Statement
By using the Site, you signify your agreement to the terms of our Privacy Policy. If you do not agree with these terms, you should not use the Site. EncorePro may modify this privacy statement at any time. If a material change is made to this Privacy Policy and/or the way we use our users’ personally identifiable information, then we will post prominent notice of the nature of such change on the first page of this Privacy Policy and also on our home page. You are responsible for reviewing this Privacy Policy periodically to ensure that you are aware of any changes to it. Your continued use of the Site indicates your assent to any changes to this Privacy Policy.
Children
The Site is not directed to children, and EncorePro does not knowingly solicit information from any child under the age of 13. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child (or a parent or guardian) to inform him or her that we must have parental consent before receiving his or her personal information.
Contact Details
If you have any questions about this Privacy Policy, the privacy practices of the Site, or if you want to exercise any of the rights that you are given under this Privacy Policy, you can contact:
EncorePro.org
337 Holly Branch Lane
Kemah, TX 77565
Contact Us by email
Last updated June 26th, 2009
Commercial Terms
Other than as specifically provided in any separate formal purchase agreement between you and EncorePro, these terms and conditions (this “Agreement”) apply to all of your online purchases from the website at www.EncorePro.com (the “Site”) and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and EncorePro.
Acceptance
By purchasing products and/or services from the Site, you agree to be bound by and accept this Agreement. Orders are not binding upon EncorePro until accepted by EncorePro. We reserve the right to refuse service to anyone. EncorePro will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you.
Pricing
Because prices, product descriptions, and availability can change quickly, EncorePro does not warrant the accuracy or completeness of the information provided on the Site. For more on our pricing policies, please refer to our Site Terms of Use.
Warranty
Each product for sale on the Site includes a 90 day warranty that covers parts and labour. Instruments sold, and services provided come with a one year labor warranty from the shipping date. Shipping and shipping insurance associated with warranty work are for the owners account.
Trial Period
EncorePro provides a seven day trial period on all instruments purchased, which runs from the date the receipt is received . EncorePro will consider special cases where the seven days could be extended - such cases have to be agreed in writing in advanced.
Return Instrument Condition
Both Warranty and Trial Period provisions assume that the instrument is not damaged or marked in any way. The basis for both provisions is that the . instrument is returned in the state it was purchased. Our commitment is to be fair, so we will discuss any damage
Payment Terms—Orders
Instruments
Internet orders may be paid for using PayPal. All non-credit-card orders are subject to a 10-business-day hold. Cash is not an Internet payment option that we accept at this time.
Service
Repair or refurbishment is undertaken only after an fee has been confirmed by EncorePro. An initial repair order (submitted as an Internet Repair Request Form) will carry no cost, but the written (eMailed) estimate must be discussed and formally agreed by the owner of the instrument, prior to the instrument being shipped to EncorePro.
EncorePro will provide a written estimate on the condition that, within seven business days of the instruments receipt by Encore Pro, a visual inspection confirms the basis on which the estimate was provided. Encore Pro will confirm a final price within seven days, and complete the service where the price is within +/- 10% of the original price. Changes above this price will have to be formally accepted by the instrument owner.
All shipping and associated insurance costs will be paid by the instrument owner, not Encore Pro
Shipping Charges—Taxes and Title
Separate charges for shipping and handling will be shown on your order form. Most orders received before 5:00 p.m. Central Time, Monday through Friday, will be shipped within two business days. Orders placed on Saturdays, Sundays, or holidays will be processed within the next two business days. All orders will be shipped to the payment address and any order may be held for extended verification. In the event of multiple instruments on a single order, for logistics reasons, we reserve the right to make partial shipments, which will not relieve you of your obligation to pay for the remaining deliveries.
All items purchased from EncorePro are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
For more information on the application of shipping policies on a specific order, including specific rates, delivery times, and delays, please call us at (281) 532-5204 - we will return all calls within the same or next business day.
If applicable, a separate charge for taxes will be shown on the invoice. For the most part, instruments bought outside Texas carry no sales tax, although this may change under State and Federal laws. Some States required Texas based businesses to collect sales tax on all orders shipped to them. If we are shipping an item to one of these States, you will be charged the applicable local sales tax rates.
Guarantee Exceptions & Details
Mouthpieces may be returned, but will incur a sterilization fee.
Credit card returns are issued a credit for purchase price. Refunds are made for product value only, excluding shipping and handling charges.
Terms of Use
Terms and Conditions of Use
The EncorePro Web site at http://encorepro.org/ (the "Site") is a copyrighted work belonging to EncorePro, Inc. ("EncorePro"). EncorePro grants you the right to use the Site subject to the terms and conditions of use ("Terms of Use") set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
License
Subject to these Terms of Use, EncorePro grants you a limited, royalty-free license to view the materials contained on the Site (the "Materials") and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the EncorePro server. You are not granted any right to use EncorePro trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of EncorePro.
Modification
EncorePro reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that EncorePro will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Secured Areas
Your use of any areas of the Site secured by a user name/login screen ("Secured Areas"), including but not limited to purchases of products from the Site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement.
Mailings
By submitting your name, e-mail address, and any other personal information to EncorePro, you hereby grant EncorePro, subject to the EncorePro Privacy Policy a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about EncorePro products, services, and news ("Mailings"). The terms and conditions of this Agreement shall apply to all such Mailings.
Submissions
All remarks, suggestions, ideas, graphics, data, personal information, resumes, questions or other information communicated to EncorePro through the Site, by facsimile or through the mail (electronic or otherwise) (a "Submission") will forever be the property of EncorePro. Unless otherwise specified in our Privacy Policy, EncorePro will treat any Submission as confidential or proprietary but will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future EncorePro services or operations. Without limitation, EncorePro will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not EncorePro, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.
Site Use Rules
Our Site may only be used for lawful purposes. EncorePro specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following:
- Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
- Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children;
- Deleting or revising any material posted by any other person or entity;
- If you have a password allowing access to a non-public area of our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
- Harming minors in any way;
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
- Aggregating, copying or duplicating in any manner any of the materials or information available from our Site.
We do not knowingly collect identifiable information from anyone under thirteen years of age.
Registration and Passwords
If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account.
Accuracy of Content and Pricing Information
Because prices, product descriptions and availability can change quickly, EncorePro does not warrant the accuracy or completeness of the information provided on the Site. Also, EncorePro may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall EncorePro or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site. If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to EncorePro and receive a refund of your purchase price.
Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalog may be miss-priced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, EncorePro will take one of the following options: (1) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (2) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure.
Disclaimer of Warranties
THE INFORMATION ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, EncorePro EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.
Limitation of Liability
IN NO EVENT SHALL EncorePro BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT EncorePro HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. EncorePro'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Copyright
The Site and the Materials are copyrighted works of EncorePro and/or its suppliers. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of EncorePro.
Amendment
EncorePro may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
Notice
If you have any questions about these Terms of Use or our Privacy Policy, you may contact EncorePro at:
EncorePro.org
337 Holly Branch Lane
Kemah, TX 77565
(281) 532-5204
General
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of Texas as those laws are applied to contracts entered into and to be performed entirely in Texas, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms of Use shall be commenced exclusively in state or federal court in Galveston County, Texas, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.