®2024

TERMS OF SERVICE

Last updated: February 1, 2026

Welcome to the Encore Sports & Entertainment website located at https://encore-se.com/ (the “Website”). This Website is maintained and operated by Encore Sports & Entertainment. References herein to “Encore”, “we”, “our” or “us” refer to Encore Sports & Entertainment.

Your access to and use of the Website is subject to the following terms of service (the “Terms of Service”) and all applicable laws.  By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms of Service.  If you do not agree with all of these Terms of Service, you may not use any portion of the Website.

 

 ACCESSIBILITY -- If you are having any trouble accessing the website, please contact us at info@encore-se.com

Use of the Website:  This Website is provided for your personal use and to engage with Encore.  Any other use of the Website requires the prior written consent of Encore. 

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Service. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website to any third party without our prior written consent.

The Website is intended only for users who are eighteen (18) years of age or older.  By using the Website, you represent and warrant that you are at least eighteen (18) years of age or are the age of majority in which you reside.  

Our Proprietary Rights: Encore is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Encore to display the materials, such as associated creative assets, and other proprietary materials. By using the Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms of Service, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms of Service are reserved by Encore.

Corrections: Subject to limitations in the applicable technologies and devices we use, we attempt to be accurate to the extent reasonably possible, however, we do not warrant that any product, measurement or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Website at any time without notice, and/or refund any amount charged. 

No Ideas Accepted: Encore does not accept any unsolicited ideas from outside the Encore including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, Website, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Website, you understand and acknowledge that such idea is not submitted in confidence and Encore assumes no obligation, expressed or implied, by considering it. You further understand that Encore shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Encore.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Encore an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.  

Third Party Links: The Website may contain links to other websites or applications not maintained by Encore. Other websites or apps may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website or app that you visit.  We are not responsible for the practices or the content of such other websites or apps. 

No Warranties: WHILE ENCORE USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR WEBSITE, ENCORE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND ENCORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ENCORE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ENCORE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, ENCORE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. 

IN NO EVENT WILL ENCORE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENCORE BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO ENCORE FOR ACCESS TO THE WEBSITE OR $100. 

Changes: All information posted on the Website is subject to change without notice.  In addition, these Terms of Service may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently.  Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes. We reserve the right to withdraw or amend the Website, and any service or material we provide via the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access the Website or to some parts of the Website.

Indemnification: You agree to indemnify, defend and hold harmless Encore, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms of Service or applicable law.  

Severability: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies; Entire Agreement: The failure of Encore to partially or fully exercise any rights or the waiver of Encore of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by Encore or be deemed a waiver by Encore of any subsequent breach by you of the same or any other term of these Terms of Service.  The rights and remedies of Encore under these Terms of Service and any other applicable agreement between you and Encore shall be cumulative, and the exercise of any such right or remedy shall not limit Encore's right to exercise any other right or remedy. The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Encore regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Jurisdiction: The Website is provided from the United States of America and all servers that make it available reside in the U.S.A.  The laws of other countries may differ regarding the access and use of the Website.  We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.  

Governing Law: The laws of the State of New York shall govern these Terms of Service.  YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE WEBSITE. Any claims asserted by you in connection with the Website must be asserted in writing to ENCORE within one (1) year of the date such claim first arose, or such claim is forever waived by you.  Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Privacy: All information we collect via the Website is subject to our Privacy Policy [insert hyperlink]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Additionally, you acknowledge and agree that transmissions made over the internet are never completely private or secure and that messages or information you send to the Website may be intercepted or read by others.

Questions: Should you have any questions regarding these Terms of Service you may contact us at info@encore-se.com.