Thank you for visiting the website of Encore Life (“Manager”). By accessing this website (the “Site”), you agree to accept the following terms of use for the use of the Site (“Terms of Use”), which constitute a legal agreement between you and Manager. If you do not accept these Terms of Use, you may not use the Site. Manager reserves the right to modify these Terms of Use without notice, and each use of the Site constitutes your acceptance to be bound by the terms set forth in the Terms of Use as modified at the time of such use.
For information about our privacy practices, please see our Privacy Policy.
Use of Site and Content
The content displayed on the Site (“Content”) is the subject of intellectual property protection, including but not limited to trademarks, service marks, trade names, and copyrights owned by Manager or by third parties. Manager grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download (to the extent permitted), copy, and print pages from the Site for your own personal and noncommercial use only. Unless you receive written permission in advance from Manager and/or the relevant third party owner, you may not exploit any of the Content commercially, forward it as a mass distribution, or post it on another website or otherwise modify any of the Content. Further, you may not link other websites to this Site or display this Site as “framed” within another website without Manager’s prior written consent.
Prohibited Uses of Site and Content
Manager does not grant any license or right to use this Site or the Content other than those set forth above, and you shall not make any other use of the Site or the Content without Manager’s prior written permission. Without limiting the foregoing: You agree not to copy large portions of the Site (such as by bots, robots, or spiders that “harvest” the Site), interfere with the functioning of the Site or restrict, or inhibit any others from using the Site. If you download any Content from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained therein. In using this Site, you shall not violate any law, regulation, or rule, or the intellectual property or contractual rights of others. You may not attempt to violate the security of this Site or use or gain access to the identities, information, or computers of others through this Site. You may not install or transmit any virus, worm, or similar disabling code or system interference through this Site. You may not decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of the Site.
Manager has the right (but not the obligation) to monitor and record activity on this Site, as Manager deems appropriate, for any reason or no reason, and to take all appropriate actions in response to any unauthorized or objectionable conduct, with or without notice to you. Manager may investigate any complaint or reported violation of its policies. Manager may report any activity it suspects may violate any law or regulation to regulators, law enforcement officials, or other persons or entities as it deems appropriate. Manager may issue warnings, suspend, or terminate use of the Site, deny access to all or part of the Site, or take any other action it deems appropriate.
Copyright Infringement Complaints and Notification Procedures
If you believe that any of this Site’s content violates your or a third party’s copyright, please notify us at 1830 W. Fulton Street, Rapid City, SD 57702 by providing the following information:
Linked Sites
Manager does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites. Accordingly, Manager cannot be held responsible for the information, materials, products, or services obtained on or from such other websites, nor will we be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an affiliation with or endorsement, sponsorship, representation, or warranty by Manager with respect to any such linked websites or the content, products, or services contained or accessible through such websites or their operators. Manager disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked to or from the site. Your following links from or to such websites is at your sole risk.
Transmission to and from the Site
Any communication or other material that you send to us through the internet or post on the Site by electronic mail or otherwise is and will be deemed to be non-confidential as between you and us, and Manager shall have no obligation of any kind with respect to such information. Manager will be free to use, for any purpose, and without compensation due or payable to you, any ideas, concepts, know-how, or techniques provided by you to Manager through the Site.
Passwords
If Manager provides you with a password, you must keep your password and certain Site content confidential. You are solely responsible for maintaining the confidentiality and security of your password. You accept full responsibility for any use of your password. You must notify us immediately of any actual or suspected loss, theft, or unauthorized use of your password. You may not disclose any Site content that is contained within any password protected portion of this Site to any third party, except to your financial, legal, or tax advisors, and others with whom you share investment decisions. Manager is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. Manager will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
Disclaimers
Manager, including partners, employees, affiliates, and agents (collectively “Related Persons”) make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability or other characteristics of the information or materials presented on the Site. Such information or materials are provided “as is” and “as available” and, to the fullest extent permissible pursuant to applicable law, Manager specifically disclaims any and all warranties of any kind, express or implied, including but not limited to all warranties of and conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, free from error or completeness. Manager does not warrant that the information on this Site is accurate, reliable or correct, that this Site will be available at any particular time or location, or that this Site is free of viruses or other harmful malware or components. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Site or made via the Site may not be secure.
Decisions based on information or materials contained on the Site are the sole responsibility of the user, and as consideration for access to the Site, you will be responsible for any liability to Manager that arises out of your use of the Site or your breach of these Terms of Use, and you agree to indemnify and hold harmless Manager and Related Persons from and against any claims whatsoever and of any nature for damages, losses, and causes of action, including but not limited to actions by third parties against you, Manager or any of its Related Persons, arising out of or in connection with any decisions that you make based on such information or materials, your use of the Site, or your violation of these Terms of Use.
The information contained herein is provided for informational purposes only and is current only as of the dates indicated herein. Information that is not dated or information that is dated but viewed subsequent to its date may not be current. Manager assumes no duty to update or correct any information for any reason, including new information, results or subsequent events.
Important Information
Under no circumstances should any information or materials presented on the Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments, or other services. Furthermore, no information or materials contained in the Site should be construed or relied upon as investment, legal, accounting, tax, or other professional advice or in connection with any offer or sale of securities. Manager will not treat users of the Site as partners, clients, customers, or investors by virtue of their accessing the Site.
The Site may contain forward-looking statements, which reflect Manager’s current views with respect to, among other things, Manager’s operations and performance. You can identify these forward-looking statements by the use of words such as “anticipate” “approximately,” “believe,” “continue,” “estimate,” “expect,” “intend,” “may,” “outlook,” “plan,” “potential,” “predict,” “seek,” “should,” or “will,” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Manager undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
Any transactions described on the Site as having been engaged in by Manager are included as representative transactions and are not necessarily reflective of overall results of any of Manager’s businesses.
Past performance is not indicative of future results; no representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
All materials on this Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures, or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Limitation of Liability
MANAGER’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MANAGER OR ITS RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE), OR DISTRIBUTION OF THE SITE OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF MANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE.
Applicable Law, Jurisdiction, and Arbitration
These Terms of Use shall be governed by the law of the State of New York, without regard to its choice of law rules. Notwithstanding the foregoing, any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators as provided herein.
YOU AGREE TO RESOLVE BY ARBITRATION ANY CONTROVERSY ARISING BETWEEN YOU AND MANAGER AND/OR ANY OF OUR RESPECTIVE CONTROL PERSONS, PREDECESSORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND EMPLOYEES.
With respect to the resolution of any such controversy, you further acknowledge that:
Any arbitration under this Terms of Use shall be conducted in New York, NY before a panel of three (3) arbitrators pursuant to the Commercial Arbitration Rules of the American Arbitration Association, except to the extent that such rules are modified by this Terms of Use. Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate.
No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated a putative class action in court or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: the class certification is denied; or the class is decertified; or the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Terms of Use except to the extent stated herein.
General
Manager may assign the Terms of Use in whole or in part at any time without your consent. You may not assign the Terms of Use or delegate any of your obligations under the Terms of Use, and any purported assignment of the Terms of Use in violation of the Terms of Use is void. The Terms of Use constitute the entire understanding, and supersedes all other understandings, between you and Manager concerning the subject matter hereof.
If you have any questions about this Terms of Use, please contact 1-833-836-2673.
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