Terms of Service

Terms of Service

Effective Date: June 21, 2024

Welcome to the Encore Coatings website (the “Site”). These Terms of Service (“Terms”) govern your use of our Site and the purchase of our products and services. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Site.

1. Acceptance of Terms

By accessing and using the Site, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you should not use or access the Site.

2. Use of the Site

Eligibility:

• You must be at least 18 years old to use this Site. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

Account Registration:

• To purchase products or use certain features of the Site, you may need to create an account. You agree to provide accurate and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Prohibited Activities:

• You agree not to engage in any of the following activities:
  • Using the Site for any unlawful purpose or in violation of any applicable laws
  • Interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available
  • Transmitting any harmful code, viruses, or other malicious software
  • Attempting to gain unauthorized access to the Site or its related systems or networks
  • Impersonating any person or entity or misrepresenting your affiliation with any person or entity

3. Products and Orders

Product Information:

• We strive to provide accurate and up-to-date information about our products on the Site. However, we do not guarantee the accuracy, completeness, or reliability of any product descriptions, pricing, or other information displayed on the Site.

Order Acceptance:

• All orders placed through the Site are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including product availability, errors in pricing or product information, or suspected fraud.

Pricing and Payment:

• Prices for products are subject to change without notice. The price charged for a product will be the price in effect at the time your order is placed. Payments must be made through the payment methods provided on the Site.

Shipping and Delivery:

• Shipping and delivery times are estimates and cannot be guaranteed. We are not responsible for any delays in shipping or delivery caused by third-party carriers or other factors beyond our control.

Returns and Refunds:

• Our return and refund policy is available on the Site. Please review it carefully before making a purchase.

4. Intellectual Property

Ownership:

• All content on the Site, including text, graphics, logos, images, and software, is the property of Encore Coatings or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Limited License:

• You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Site without our prior written consent.

5. Disclaimers and Limitation of Liability

Disclaimer of Warranties:

• The Site and all content, products, and services provided on the Site are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Encore Coatings disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability:

• In no event shall Encore Coatings, its directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Site, products, or services, whether based on contract, tort, strict liability, or other theory, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to these Terms or the Site shall not exceed the amount you paid to us for the product(s) in question.

6. Indemnification

You agree to indemnify, defend, and hold harmless Encore Coatings and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with your use of the Site, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.

7. Governing Law and Dispute Resolution

Governing Law:

• These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of laws principles.

Dispute Resolution:

• Any disputes arising out of or relating to these Terms or the Site shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in [Your City, Your State], and the award may be entered in any court of competent jurisdiction.

8. Changes to These Terms

We reserve the right to modify or update these Terms at any time, with or without prior notice. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after any changes to these Terms constitutes your acceptance of the revised Terms.

9. Contact Us

If you have any questions or concerns about these Terms, please contact us:

Encore Coatings

63 Industrial Drive
Cartersville, GA 30120

Support: (888) 776 2242