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TERMS
AND CONDITIONS OF USE AND DISCLAIMER STATEMENT
Eclectic/Encore
Properties, Inc. (sometimes referred to below as the “company”) has
prepared this website which contains specific content, including
without limitation, copyright information.
Any User of this site agrees to be bound by the following
terms and conditions by accessing this site. In the event the User
does not agree to the following terms and conditions the User does
not have permission to access this website.
Eclectic/Encore Properties, Inc. is the owner of the company name,
domain name, site address and the design and material presented on
this website. The use of company, domain name, the website address
or design and/or content of the website, in any form or manner, is
expressly prohibited without the signed written consent of the
company.
All information contained on this website, including without
limitation, any graphics, images, and all other data are provided
without any representation or warranty by Eclectic/Encore
Properties, Inc. and the company shall not be responsible for any
inaccuracies, omissions, or typographical errors of any kind or
nature. The User is cautioned and hereby accepts the risk that the
quality of the reproduction of any photographs, illustrations, or
digital images or wording or information related thereto may be
substantially but unintentionally erroneous. The User of this
website assumes sole responsibility for any decisions made with
regard to the material and information obtained from this website.
Tender of an offer to transact business through this website shall
not be deemed an acceptance by Eclectic/Encore Properties, Inc. of
any such offer. If User desires to rent or purchase any item
exhibited on this website any such transaction shall be made
pursuant to a separate agreement upon such terms and conditions not
contained within this document and which shall be transmitted to the
User as a separate document at the time of the acceptance of an
order by the company. The terms and conditions referred to above may
include, without limitation, rental insurance to cover loss or
damage (the obligation for which shall be assumed by the User).
Eclectic/Encore Properties, Inc. makes no warranty of any kind,
either express or implied, regarding the merchantability or fitness
for a particular purpose, design, condition, description, age,
origin, reference, authenticity, attribution, derivation, and/or
non-infringement of the company property which is depicted and
described on this website. Any statement(s) contained on this
website, constitute statement(s) of opinion only and not
representations or warranties. By use of this website the User
assumes total responsibility for use thereof and accepts that
company property available for rental (or purchase): (1) may be
damaged and/or in non working condition, (2) may not be without
defects, (3) may have been repaired or restored, and/or (4) may not
be in its original configuration or make-up. Eclectic/Encore
Properties, Inc. offers all company property on this site for rent
or sale “as is” only. Without limiting any other provision or
condition herein, Eclectic/Encore Properties, Inc. shall not be
liable for any loss or damage caused as a result of war, terrorist
attack, accident, riot, industrial dispute or strike, government
act, act of God or force of nature, or any other cause, act or
omission of third parties.
The User hereby agrees to indemnify and hold Eclectic/Encore
Properties, Inc., its directors, officers, and employees, agents and
representatives against any and all damages of any nature, including
without limitation, attorneys fees, compensatory, consequential
and/or punitive damage, any and all claim(s) of infringement of any
copyright, trademark, patent, trade secret, right of privacy, unfair
competition, deceptive and/or false advertising, unfair competition,
libel or any common law or statutory right(s) including those of any
third parties. Since the company assumes no responsibility and shall
not be liable (except as may be required by statute) for any loss or
damage resulting from the use of this website the User is advised to
take what ever precaution(s) User deems necessary to protect person
and property, including but not limited to, safe guarding equipment
and software from damage/destruction which might arise from access
and/or use of this website.
Eclectic/Encore Properties, Inc. failure to enforce any provision(s)
or condition(s), either under statue or agreement, shall not be
deemed to operate as either a waiver of any such provision(s) or
condition(s) or a nullification of its right to enforce such
provision(s) or condition(s). In the event that any provision(s) or
conditions contained herein are determined to be or unenforceable,
invalid, or unlawful such condition(s) or provision(s) shall be
severed and the remaining condition(s) or provision(s) shall remain
in full force and effect.
Eclectic/Encore Properties, Inc. neither does not solicit nor
desires to receive any proprietary or confidential material from the
Users of this website. Any such material gratuitously forwarded to
the website by any User will be considered non confidential any may
be appropriated and utilized, at the sole discretion of
Eclectic/Encore Properties, Inc. in any manner or for any purpose it
deems fit without any liability for its subsequent use or
disclosure, whether commercial or otherwise, and without any
obligation to compensate the provider thereof. Eclectic/Encore
Properties, Inc. likewise assumes no responsibility or obligation
regarding such material, including without limitation the
preservation or return of any such material to the provider. The
company makes no representation or warranty regarding the security
or privacy of this website or the security, privacy or
confidentiality of any and all information provided by User in the
course of use hereof and User assumes sole and complete risk of any
and all loss or damage arising from or out of use of this website.
Eclectic/Encore Properties, Inc. reserves the right, in its sole
discretion, without prior notice or precondition: (1) to change,
alter, add or delete, improve or update any material on this
website, and/or (2) to modify the Terms and Conditions of Use and
Disclaimer Statement in any manner.
The Terms and Conditions of Use and Disclaimer Statement shall be
governed by the laws of the State of New York.
PRICES QUOTED DO NOT INCLUDE TRANSPORTATION CHARGES,
SHIPPING COSTS OR APPLICABLE TAXES AND ALL TRANSACTIONS ARE GOVERNED
BY THE TERMS AND CONDITIONS OF A SEPARATE DOCUMENT AS MORE FULLY SET
FORTH ABOVE. |
