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Terms of Use

The encoder.com website (the “Site”) is comprised of web pages operated by Encoder Products Company Inc. ("EPC").  The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions and notices herein contained (the “Terms”).  Your use of the Site constitutes your agreement to all such Terms.  Please read these Terms carefully and keep a copy of them for your reference.

The encoder.com website is a Company Site.  The Site provides information and news pertaining to the products and services offered by Encoder Products Company.

Terminology

The following terminology applies to these Terms: “Client”, “User”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.  “Company”, “EPC”, “Ourselves”, “We” and “Us” refers to Encoder Products Company.  “Site” refers to the encoder.com website.

Trademarks

The EPC logo and name, as well as the terms Accu-Coder™, Accu-CoderPro™ and Tru-Trac™, are trademarks of Encoder Products Company Inc. and are protected by various statutory laws and by common law both within the United States and in other countries.  These trademarks, and any additional marks owned by EPC, may not be used publicly without prior written authorization from EPC.  Other trademarks referred to within the encoder.com website and associated materials are the property of their respective trademark holders.  Reference to a trademark does not indicate affiliation of the trademark holder with Encoder Products Company.

Privacy

Your use of the Site is subject to EPC’s Privacy Policy.  Please review our Privacy Policy at www.encoder.com/privacy-policy.  Our Privacy Policy also governs the Site and informs you of our data collection practices.

EPC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13).  If you are under eighteen (18), you may access the Site only with permission of a parent or legal guardian.

Electronic Communications

Visiting the Site or sending emails to EPC constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

License to Use Site

Unless otherwise stated, EPC and/or its licensors own the intellectual property rights in the Site and the material on the Site.  Subject to the license below, all these intellectual property right are reserved.

You may view, download and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

Except under EPC’s express written permission, you must not:

  • Republish material from this Site (including republication on another website)
  • Sell, rent or sub-license material from the Site
  • Show or exhibit any material from the Site in public
  • Reproduce, duplicate, copy or otherwise exploit material on the Site for a commercial purpose
  • Edit or otherwise modify any material on the Site
  • Redistribute material from this Site, except those materials specifically and expressly made available for redistribution.
Acceptable Use

You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any malware, spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, ransomware, or any other malicious computer software.

You must not conduct any systematic or unauthorized data collection activates (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this Site without EPC’s express written consent.

Access to certain areas of this Site is restricted.  EPC reserves the right to restrict access to additional areas of this Site or the Site in its entirety, at EPC’s discretion.

Ownership/Intellectual Property

Unless otherwise indicated, the information and material available through this Site, including, but not limited to, text, graphics, logos, images, downloadable files and software, as well as the compilation thereof, and software used on the Site, is the property of EPC or its suppliers and protected by copyright and other laws that protect the intellectual property and proprietary rights.  No intellectual property or other rights in and to the information and materials on this Site are transferred to visitors to this Site.  With exclusions to express provisions made available in these Terms, no information may be copied, reproduced, modified, published, uploaded, posted, transmitted, transferred, distributed, or otherwise disseminated in any way without EPC’s express written consent.

License

You are granted a non-exclusive, non-transferrable, revocable license to access and use the Site strictly in accordance with these Terms.  As a condition of your use of the Site, you warrant to EPC that will not use the Site for any purpose that is unlawful or prohibited by these Terms.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  EPC content is not for resale.  Your use of the Site does not entitle you to make any unauthorized use of protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.  You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of EPC and the copyright owner.  You agree that you do no acquire any ownership right in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of EPC or our licensors except as expressly authorized by these Terms.

International Visitors

This Site is controlled, operated and administered by EPC from our offices within the USA.  If you access the Site from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use the EPC content access through this Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless EPC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use this Site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  EPC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EPC in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  ENCODER PRODUCTS COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME WITHOUT NOTICE.

ENCODER PRODUCTS COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  ENCODER PRODUCTS COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENCODER PRODUCTS COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ENCODER PRODUCTS COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

EPC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Applicable Laws

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Idaho and you hereby consent to the exclusive jurisdiction and venue of courts in Idaho in all disputes arising out of or relating to the use of the Site.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and EPC as a result of this agreement or use of the Site.  EPC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EPC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EPC with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EPC with respect to the Site and it supersedes all prior contemporaneous communications and proposals, whether electronic, oral or written, between the user and EPC with respect to the Site.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

EPC reserves the right, in its sole discretion, to change the Terms under which the Site is offered.  The most current version of the Terms will supersede all previous versions.  EPC encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

EPC welcomes your questions or comments regarding our Terms:

Encoder Products Company
PO Box 249
Sagle, ID 83860
USA

Email address:  info@encoder.com
Telephone number:  208-263-8541

Effective as of March 18, 2015