Welcome to EncoreAgain.com. EncoreAgain, Inc. and/or its affiliates ("EncoreAgain") provide website features to you subject to the following conditions. If you visit or shop at EncoreAgain.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future EncoreAgain service or business (e.g., Funds Forwarding, Email Alerts or Downloads) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business.
Please review our Privacy Notice, which also governs your visit to EncoreAgain.com, to understand our practices. To go to our Privacy Notice, click Privacy.
When you visit EncoreAgain.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of EncoreAgain or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of EncoreAgain and protected by U.S. and international copyright laws. All software used on this site is the property of EncoreAgain or its software suppliers and protected by United States and international copyright laws.
ENCOREAGAIN, ENCOREAGAIN.COM, encoreagain.COM, encoreagain and other EncoreAgain.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of EncoreAgain in the U.S. and/or other countries. EncoreAgain's trademarks and trade dress may not be used in connection with any product or service that is not EncoreAgain's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EncoreAgain. All other trademarks not owned by EncoreAgain that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EncoreAgain.
Portions of this site operate under license of one or more patents.
LICENSE AND SITE ACCESS
EncoreAgain grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of EncoreAgain. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of EncoreAgain. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EncoreAgain without express written consent. You may not use any meta tags or any other "hidden text" utilizing EncoreAgain's name or trademarks without the express written consent of EncoreAgain. Any unauthorized use terminates the permission or license granted by EncoreAgain. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of EncoreAgain.com so long as the link does not portray EncoreAgain, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any EncoreAgain logo or other proprietary graphic or trademark as part of the link without express written permission.
EncoreAgain does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use EncoreAgain.com only with involvement of a parent or guardian. EncoreAgain reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. EncoreAgain reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant EncoreAgain a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant EncoreAgain and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify EncoreAgain for all claims resulting from content you supply. EncoreAgain has the right but not the obligation to monitor and edit or remove any activity or content. EncoreAgain takes no responsibility and assumes no liability for any content posted by you or any third party.
EncoreAgain respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately.
RISK OF LOSS
All items purchased from EncoreAgain are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT & SERVICE DESCRIPTIONS
EncoreAgain describes products and services in humorous fashion, often using fictional and false descriptions of the features, advantages, uses and effects of its products and services. No product or service offered by EncoreAgain has any influence, effect or control of the future well-being, future condition or future life of purchasers, those sent the product by purchasers or any others. EncoreAgain is not responsible for the conclusions, responses and reactions of any user of its products or services, descriptions of its products or services or any other communication regarding its products or services. If any such product or service does not satisfy you, your sole remedy is to return it in unused condition for a timely refund.
EncoreAgain attempts to be as accurate as possible when describing physical items that will be offered for sale on its website. However, EncoreAgain does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by EncoreAgain itself is not as described, your sole remedy is to return it in unused condition for a timely refund.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ENCOREAGAIN ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ENCOREAGAIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ENCOREAGAIN DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENCOREAGAIN DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM ENCOREAGAIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENCOREAGAIN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting EncoreAgain.com, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and EncoreAgain.
Any dispute relating in any way to your visit to EncoreAgain.com or to products or services sold or distributed by EncoreAgain or through EncoreAgain.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Bergen County, New Jersey, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
2 University Plaza
Hackensack, NJ 07601
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EncoreAgain.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying EncoreAgain that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed
A description of where the material that you claim is infringing is
located on the site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
EncoreAgain.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
EncoreAgain.com Legal Department
2 University Plaza
Hackensack, NJ 07601
fax: (866) 666-1362
||Lawyers write this stuff and so, perhaps we should all pause and consider those who pursue this profession.
Good Lawyers - There must be something nice to say.
Bad Lawyers - There isn't enough space here, so why bother to even start?