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
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.
Eclectic/Encore Properties, Inc. All Rights Reserved. (2007)