Effective Date: July 25, 2019
SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Contents”) by Encina or are the property of their respective owners.
The term ENCINA BUSINESS CREDIT is a trademark of Encina Business Credit, LLC. The Contents on the Site are provided to you AS IS for your information and personal use only. Neither the Site or the Contents may be copied, reproduced, downloaded, displayed, performed, modified, republished, uploaded, transmitted, mirrored in any manner, or distributed except as explicitly stated herein. Modification or use of the Contents for any other purpose is a violation of the respective owner’s copyright and other proprietary rights and is strictly prohibited.
The Site may also contain links to third party websites that are not owned or controlled by Encina. Encina makes no representations or warranties regarding any websites, information or content that may be accessible through this Service that is not maintained, controlled or created by Encina. Further, if you choose to leave this Site via links to other non-Encina sites, Encina assumes no responsibility for the content, privacy policies, cookies, or practices of any third-party websites.
You shall not, on behalf of yourself or of a Business:
- modify, translate or reverse engineer any portion of the Site or Services
- launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Encina servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Encina grants the operators of public search engines permission to use spiders to copy Contents from the Site for the sole purpose of creating publicly available searchable indices of the Contents, but not caches or archives of such Contents and provided that such spiders do not affect operation of the Site. Encina reserves the right to revoke these exceptions either generally or in specific cases;
- collect or harvest any personally identifiable information, including e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes;
- solicit, for commercial purposes, any users of the Site with respect to their Transmissions (as defined below);
- create or transmit unwanted electronic communications such as “spam” to other users or members of the Site or otherwise interfere with other user’s or member’s enjoyment of the Site and/or Services;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; or
- use any device, software or routine that interferes with the proper working of the Site and/or Services.
DISCLAIMER OF WARRANTY
ENCINA IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH ENCINA BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, ENCINA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. ENCINA DOES NOT WARRANT THAT THE SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL ENCINA OR ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (COLLECTIVELY, “DAMAGES”), INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF ENCINA’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
You agree that any Materials, Personal Information, or other information that you transmit to this Site or otherwise provide to Encina (“Transmissions”) shall be and remain Encina’s property. By submitting any Transmissions to Encina, you represent and warrant that:
- the Transmissions are true, accurate, current, and complete;
- you are the sole author and owner of the Transmissions and any intellectual property rights thereto;
- you are at least 13 years old;
You further agree and warrant that you shall not submit any Transmissions:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s intellectual property rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation;
- that is, or may reasonably be considered to be, defamatory, obscene, libelous, hateful, racially, ethnically or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers that are unrelated to you or the Business you have been authorized by; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
For any Transmissions that are not owned by Encina, you grant Encina a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such Transmission, and/or incorporate such Transmission into any form, medium or technology throughout the world without compensation to you.
By submitting your email address or username to Encina or its third party service providers in connection with your Transmissions, you agree that Encina and its third party service providers may use your email address to contact you about the status of your Transmissions and other administrative purposes.
NOTICE AND TAKE DOWN PROCEDURES
Encina does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Encina will remove any material or Transmissions if properly notified that such material or Transmissions infringe on another’s intellectual property rights. If you believe any materials (“Materials”) on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Encina’s designated agent (address below) and provide the following information:
- A clear statement identifying the works, or other Materials believed to be infringed.
- A statement from the intellectual property owner (“Owner”) or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
- Sufficient information about the location of the allegedly infringing Materials so that Encina can find and verify its existence.
- Your name, telephone number and e-mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner’s behalf.
- A signature or the electronic equivalent from the Owner or authorized representative.
Encina’s agent for notice of copyright or trademark issues on the Site can be reached as follows:
Encina Business Credit, LLC
123 N. Wacker Drive Suite 2400
Chicago, IL 60606
Attn: General Counsel
With a copy to firstname.lastname@example.org
Encina shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Encina may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In using this Site you agree to the following:
- you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of this Site;
- you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (ii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; and
- you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of this Site.