Terms of Service

Acceptance of these Terms

By accessing or using the encinc.com website or engaging ENCINC for any product or service, you accept and agree to be bound by these Terms. If you do not agree, do not use the site or our services. Services delivered under a separate written agreement or statement of work are governed first by that agreement; these Terms apply to the extent they are not inconsistent with it.

Changes to the site and these Terms

We may modify, suspend, or discontinue any part of the site or our services at any time, and we may update these Terms from time to time. Changes are effective when posted to this page. You are responsible for reviewing these Terms periodically; your continued use of the site after a change constitutes acceptance of the updated Terms.

Acceptable use

You agree to use the site and our services only for lawful purposes. You may not use them for any illegal or unauthorized purpose, and you agree to comply with all applicable laws and regulations. Prohibited activities include, but are not limited to:

• modifying, adapting, translating, or reverse engineering any portion of the site or our services;
• removing any copyright, trademark, or other proprietary notices;
• using any robot, spider, scraper, or other automated means to access or index the site for unauthorized purposes;
• collecting information about other users or clients for unauthorized purposes;
• transmitting any viruses, worms, Trojan horses, or other material of a destructive nature;
• interfering with or disrupting the integrity or performance of the site or our systems; or
• submitting false, misleading, or fraudulent information.

Intellectual property

ENCINC and its licensors own and retain all rights in the encinc.com website and its content, which contain proprietary information protected by applicable intellectual property and other laws. Except as expressly authorized by ENCINC, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any of our proprietary content. Ownership of custom work product developed for a client is governed by the applicable written agreement or statement of work.

Disclaimer of warranties

THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTIES OF ANY KIND. ENCINC EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

Limitation of liability

UNDER NO CIRCUMSTANCES WILL ENCINC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above may not apply to you.

Indemnification

You agree to hold harmless and indemnify ENCINC from and against any third-party claim arising from or related to your use of the site, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

Governing law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws provisions. The parties submit to the personal and exclusive jurisdiction of the courts located in Hernando County, FL. If any provision of these Terms is found unenforceable, the remainder will continue in full force and effect.

Contact

Questions about these Terms? Contact us or email email us.