Encircle Terms of Use
1. Introduction
These Terms of Use govern your use of this website; by using this website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use this website.
This website uses cookies. By using this website and agreeing to these Terms of Use, you consent to our use of cookies in accordance with the terms of Encircle’s privacy policy.
2. License to Use Website
Unless otherwise stated, Encircle or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
You must not, without Encircle’s express written approval:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.
3. Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Encircle’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
4. No Warranties
This website is provided “as is” without any representations or warranties, express or implied. Encircle makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Encircle does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate, or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
5. Limitations of Liability
Encircle will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special, or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Encircle has been expressly advised of the potential loss.
6. Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Encircle’s liability in respect of any:
death or personal injury caused by Encircle’s negligence;
fraud or fraudulent misrepresentation on the part of Encircle; or
matter which it would be illegal or unlawful for Encircle to exclude or limit, or to attempt or purport to exclude or limit, its liability.
7. Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
8. Indemnity
You hereby indemnify Encircle and undertake to keep Encircle indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Encircle to a third party in settlement of a claim or dispute on the advice of Encircle’s legal advisers) incurred or suffered by Encircle arising out of any breach by you of any provision of these Terms of Use .
9. Breaches of these Terms of Use
Without prejudice to Encircle’s other rights under these Terms of Use , if you breach these Terms of Use in any way, Encircle may take such action as Encircle deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, bringing court proceedings against you, or any combination of the former.
10. Variation
Encircle may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to the use of this website from the date of the publication of the revised Terms of Use on this website. Please check this page regularly to ensure you are familiar with the current version.
11. Assignment
Encircle may transfer, sub-contract or otherwise deal with Encircle’s rights, obligations, or both under these Terms of Use without notifying you or obtaining your consent.
You may not transfer, sub-contract, or otherwise deal with your rights, obligations, or both under these Terms of Use.
12. Severability
If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful, unenforceable, or both, the other provisions will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Entire Agreement
These Terms of Use constitute the entire agreement between you and Encircle in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
14. Governing Law
This Agreement will be construed and enforced under the laws of the state of Utah.
15. Headings
The headings and titles of paragraphs of these Terms of Use are for convenience purposes only and are not intended to define, limit, or construe the contents of such paragraphs.
These Terms of Use are effective as of October 5, 2020