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Terms of Use

Last Updated:
 
March 25, 2026

These Terms of Use form a legal agreement entered into by and between PT Intermediate Holdings IV, LLC and its affiliates and subsidiaries (including Encompass Supply Chain Solutions, LLC subsidiaries in the USA and in Canada) (collectively, “Encompass ” or also referred to herein as “Company” “we,” “us,” and “our”) and the website user (the “User” or “you” or “your”), regarding your access to and use of the websites owned and operated by us (collectively, the “Site”) their Content (as defined below), the Services available through the Site, and your Account or our mobile apps (“Apps”) (collectively we refer to the Site and the Apps as the “Site”).

These Terms of Use also apply to any organization on behalf of which you are using or accessing this Site.

ACCEPTANCE.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION. BY CLICKING A BOX INDICATING YOUR ACCEPTANCE TO THESE TERMS OF USE OR EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO THE TERMS CONTROLLING RESOLUTION OF DISPUTES. IF YOU ARE AGREEING TO THESE TERMS OF USE ON BEHALF OF A PERSON OR ENTITY AS AN AGENT, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE YOU MAY NOT USE THE SERVICES OR ACCESS OR USE THE SITE.
BINDING ARBITRATION.
WAIVER OF JURY TRIAL AND CLASS ACTION RIGHTS. THESE TERMS OF USE REQUIRE THAT THE PARTIES TO RESOLVE MOST DISPUTES USING BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE SEE THE DISPUTE RESOLUTION SECTION BELOW FOR MORE INFORMATION.
UPDATES TO TERMS OF USE.
WE MAY MODIFY THESE TERMS OF USE AT ANY TIME. WE WILL NOTIFY YOU THAT WE HAVE UPDATED THESE TERMS OF USE BY PROVIDING A NOTICE AT THE TOP OF THESE TERMS OF USE, ON THE SITE, OR BY COMMUNICATING WITH YOU IN ANOTHER MANNER. ANY UPDATES WILL BE EFFECTIVE UPON POSTING.
USE OF COOKIES.
WE USE COOKIES, PIXELS, BEACONS, SESSION REPLAY, AND OTHER AUTOMATIC DATA COLLECTION TECHNOLOGIES, INCLUDING THIRD-PARTY TRACKING TECHNOLOGIES (COLLECTIVELY, “COOKIES”) ON THE SITE AND IN EMAILS WE SEND TO YOU. WE USE COOKIES TO COLLECT AND PERFORM DATA ANALYTICS, TO RECORD HOW YOU INTERACT WITH THE SITE, INCLUDING WHERE YOU DIRECT YOUR MOUSE, THE INFORMATION YOU TYPE, TO IMPROVE YOUR EXPERIENCE WHEN USING THE SITE, TO SAVE YOUR PREFERENCES AND TO SERVE YOU WITH TARGETED ADVERTISING.

BY VISITING AND USING THE SERVICES AND THE SITE, YOU ARE CONSENTING TO OUR USE OF COOKIES AND UNDERSTAND AND AGREE THAT WE MAY SHARE PERSONAL INFORMATION ABOUT YOU THAT WE COLLECT FROM THE USE OF COOKIES WITH OUR THIRD PARTY ADVERTISING AND ANALYTICS PARTNERS WHO MAY ALSO USE THAT PERSONAL INFORMATION FOR THEIR OWN MARKETING ACTIVITIES. FOR MORE INFORMATION ABOUT HOW WE USE COOKIES, PLEASE SEE OUR PRIVACY POLICY AND OUR COOKIE POLICY.

ONLINE CHAT.
YOU MAY INTERACT WITH OUR ONLINE CHAT FEATURE TO ASK QUESTIONS, LEARN MORE ABOUT GOODS OFFERED ON OUR SITE, OR TO CONTACT US. OUR CHAT FEATURE IS POWERED BY AI TECHNOLOGIES. WE USE A THIRD-PARTY SERVICE PROVIDER TO PROVIDE THE ONLINE CHAT FEATURE WHO WILL HAVE ACCESS TO THE CONTENT OF THE CHAT. BY USING THE CHAT FEATURE ON THE SITE, YOU CONSENT TO YOUR INFORMATION BEING COLLECTED, USED, AND PROCESSED BY OUR SERVICE PROVIDER ON OUR BEHALF. PLEASE SEE OUR PRIVACY POLICY FOR MORE INFORMATION ABOUT HOW WE USE AND DISCLOSE THE CONTENT COLLECTED FROM USE OF THE CHAT FEATURE.
ELIGIBILITY; AGE OF MAJORITY.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE OR ACCESS THE SERVICES AND THE SITE. IF YOU ARE A MINOR IN THE JURISDICTION IN WHICH YOU RESIDE, YOU MUST HAVE THE PERMISSION OF, AND BE DIRECTLY SUPERVISED BY, YOUR PARENT OR LEGAL GUARDIAN TO USE OR ACCESS THE SITE, AND YOUR PARENT OR LEGAL GUARDIAN MUST READ AND AGREE TO THESE TERMS OF USE PRIOR TO YOUR USING THE SITE OR THE SERVICES.

YOU REPRESENT THAT YOU ARE OF THE AGE OF MAJORITY AND HAVE THE CAPACITY NECESSARY TO ENTER AND BE BOUND BY THESE TERMS OF USE.

TERMS

These Terms of Use apply to your access to and use of the Services and the Site and do not alter in any way the terms and conditions of any other agreement you may have with us for the purchase of Goods, services or otherwise. You represent and warrant that you have full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which you are a party.

ADDITIONAL TERMS

Additional terms may apply to you when you make a purchase through our third-party partners or through your use of specific features of the Services or the Site. Additional terms may also apply to rewards, promotions, returns, and refunds.

PRIVACY POLICY

We collect, use, disclose, share and protect certain information and data when you use the Services, the Site, your Account or purchase Goods, including certain personal information. For more information about how we collect, use, disclose, share and collect personal information, please see our Privacy Policy, which is available here.

SERVICES AVAILABLE THROUGH THE SITE

We provide a variety of services by and through the Site which we collectively refer to as the “Services”. Those Services include:

  • Websites and Cookies:
    Our Site, the Content, and the use of Cookies on our Site;
  • Mobile Apps:
    Our Apps;
  • Chatbot and Other AI Services:
    Interaction with our chatbot which incorporates artificial intelligence technologies.
  • Messaging:
    Emails, text messages, and other electronic messages between you and Encompass (“Messaging”);
  • Third-Party Sites:
    Your interactions with our advertising and applications on third-party websites and services, including social media sites, if those applications or advertising include links to the Site; and
  • Third Parties:
    From third parties, including our business partners and affiliate companies.

OWNERSHIP OF THE SERVICES, THE SITE AND ITS CONTENT

All pages within the “Site,” any material made available for download, as well as any of the Site’s contents, documents, features, data, functionality (including but not limited to all information, software, text, photographs, displays, images, video, and audio, and the design, selection, and arrangement thereof), any materials accessed through or made available for use or download through the Site, any Services used through the Site, and all information, Goods, and Services offered by us to you in connection with the Site (collectively, the “Content”) are the property of Encompass or its licensors. The Site and its Content are protected by United States and international copyright and trademark laws. The Content shall not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved in writing by Encompass , as more fully set forth in the Prohibited Uses section of these Terms of Use.

These Terms of Use permit you to use the Services, the Site and Content exclusively for your lawful, personal, informational, and other non-commercial use. You do not acquire ownership rights to the Site or any Content, other than those we may specifically grant you in writing. These Terms of Use do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right (“Intellectual Property Rights”) of Encompass or the respective Intellectual Property Rights owners. You will abide by any and all additional copyright notices, information, or restrictions contained in the Site or any Content.

DIGITAL MILLENNIUM COPYRIGHT ACT POLICY

Encompass respects the Intellectual Property Rights of others, and we expect our users to do the same. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is: Encompass Compliance, Attn: DMCA Agent, 1200 Greenbriar Drive, Addison, IL 60101. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Encompass has a policy of terminating, in appropriate circumstances, the Accounts of users who are repeat infringers.

PROHIBITED USES

You may only use the Site and the Content as expressly permitted under these Terms of Use and only for lawful purposes. Specifically, you agree that you will use the Site only in a manner that complies with all applicable laws and that your use of the Site is subject to all applicable laws and regulations; any other use is expressly prohibited. Any use of the Site or the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Without limiting the foregoing, you agree that you will not attempt to or in fact:

  • Use the Site in any way that violates federal, state, local, or international law or regulation;
  • Use the Site to transmit or send unsolicited commercial communications;
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
  • Post any infringing, obscene, indecent, or unlawful material or information;
  • Gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Site (or the servers, networks, and databases associated with the Site);
  • Access the Site through any robot, spider, or other automated means;
  • Use manual or automated software, device, scripts, robots, spiders or other means or processes to access, “scrape”, “monitor”, “mine”, “copy”, “crawl”, retrieve, index or “mirror” any portion of the Site or its Content;
  • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent;
  • Engage in any activity that interferes with, disrupts, or imposes an unreasonable or disproportionately large load on the Site (or the servers, networks, and databases associated with the Site);
  • Introduce to the Site (or the servers, networks, and databases associated with the Site) any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, or other material which is malicious or technologically harmful;
  • Use the Site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from the Site or any Content;
  • Reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sublicense, trade or resell any Content or other aspect of the Site for any commercial purpose (except for Content specifically and expressly made available for redistribution) without our prior written consent;
  • Remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, copyrights, warranties, disclaimers, or other proprietary notations;
  • Impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images.
  • Frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content, or other proprietary information (including images, text, page layout, or form) of Encompass without our express written consent.

USER CONTENT

You may be able to post certain reviews, comments, photographs, or other materials (collectively, “User Content”) in connection with your use of the Site or through social media sites.

You grant Company, its affiliates and its and their third party service providers who provide hosting and content management services to Company the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right and license to use (and to authorize others to use) your User Content in any manner in our sole discretion in any media now or hereafter known.

You grant us the right to use your user ID, social media handle, real name, image, likeness, caption, location, or other identifying information in connection with any use of your User Content.

By submitting User Content or other information to us or on our Site or social media pages, you represent and warrant that: (i) you own or have all legal rights to submit the User Content; (ii) you have permission from all person(s) appearing in your User Content necessary for us to use such User Content without need for payment to you or any other person or entity; (iii) you and all person(s) appearing in your User Content are not minors; (iv) our use of the User Content will not violate the privacy, proprietary or Intellectual Property Rights of any third party; (v) your User Content will not contain personal information or the likeness of another person without their prior express written consent; (vi) the User Content may not be false or misleading; (vii) the User Content may be not libelous, harassing, abusive, obscene, vulgar, sexually explicit, inappropriate with respect to race, gender, sexuality, ethnicity or other intrinsic characteristic, or otherwise unlawful; and (ix) you will comply with our Prohibited Uses section.

We have no obligation to pay you or any third party any compensation for any User Content, to use or respond to your User Content or to identify you in connection with any such use. We may remove or reject User Content at any time.

USER CONTENT DISCLAIMER

The User Content represents the views of the User and may not represent the views of the Company. We do not endorse the User Content. We cannot confirm the accuracy or credibility of any User Content, and we will not be liable to you or any third party for any actions you may take as a result of reading or using User Content. While we prohibit certain User Content, some people may find such User Content offensive, objectionable, harmful, inaccurate, or deceptive.

SUBMISSIONS, REVIEWS, FEEDBACK AND OTHER POSTINGS TO THE SITE

If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Site ("Submissions"), you agree that Encompass shall have a royalty-free, irrevocable, transferable right and license to use the Submissions however Encompass desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Encompass is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay you any compensation for any Submissions; or (3) to respond to any user Submissions. Encompass does not regularly review Submissions but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the Site. You are and shall remain solely responsible for the content of any Submissions. Encompass and its affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party, and you agree to defend, indemnify and hold Encompass harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Encompass arising out of any Submissions.

SOCIAL MEDIA

We provide links to our social media pages (e.g., Facebook, X, Instagram, TikTok, Pinterest, LinkedIn, and YouTube) on the Site. Because anyone may post or tag on social media pages, posts do not necessarily reflect our views. We reserve the right to remove anything, including your Submissions, from our social media pages in our sole discretion. We may also take steps to block users from access to our social media pages who violate these Terms of Use or the terms of the social media platform. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on a social media page, that is not an endorsement of that third party or any product, service, or company they represent.

SALES OF GOODS

Acceptance of Orders.
The Site only solicits offers to buy Goods and is not an offer to sell. An order placed through the Site by User is User’s offer to buy, under these Terms of Use, all Goods, items, and Goods in the quantities and at the prices listed in the order (the “Goods”). Encompass reserves the right to limit quantities on any order, for any reason. Encompass will not be obligated to sell the Goods to User unless and until Encompass accepts the order. Acceptance of any order is subject to approval by Encompass in its sole discretion. Encompass will send User a confirmation email with the details of the Goods ordered after Encompass’s acceptance. Acceptance of User’s order and the formation of the contract of sale between Encompass and User will not take place unless and until Encompass transmits the confirmation email. Encompass shall sell to User and User shall purchase from Encompass the Goods upon the terms and conditions set forth in confirmation and these Terms of Use. BY PRESENTING AN ORDER TO ENCOMPASS, USER CONFIRMS THAT THESE TERMS OF USE SHALL GOVERN ALL PURCHASES OF GOODS.
Prices.
All prices are quoted wholesale in USD, or as otherwise noted. The price charged for a Good will be the price in effect at the time the order is accepted and as set out in the order confirmation email. All prices are exclusive of all charges for shipping and handling and sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by User. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. User agrees to indemnify and defend Encompass for any tax, penalty, and interest incurred as a result of Encompass’s good faith acceptance of a tax exemption, reseller’s permit, or resale certificate that is later found to be incomplete or invalid.

All prices posted on this Site are subject to change without notice. Price increases will only apply to orders placed after such changes.

ERRORS.
IN THE EVENT OF A TYPOGRAPHICAL ERROR RELATING TO PRICE, CHARACTERISTICS, OR QUANTITY OF ANY GOODS FEATURED OR DESCRIBED ON THE SITE, ENCOMPASS RESERVES THE RIGHT TO REFUSE TO FILL ALL OR ANY PART OF ORDER(S) THAT RELY ON SUCH TYPOGRAPHICAL ERROR. ALL GOODS AND PRICES LISTED ON THE SITE ARE SUBJECT TO CHANGE, AVAILABILITY, PRIOR SALE, AND QUANTITY LIMITATIONS, EVEN IF YOU HAVE ALREADY PLACED AN ORDER.

PAYMENT

Terms of payment are within Encompass’s sole discretion and, unless otherwise agreed by Encompass in writing, payment must be received by Encompass before its acceptance of an order. Encompass will refund payments made for orders not accepted. Encompass accepts Visa, MasterCard, American Express, and Discover. If you have established Encompass credit, checks are also accepted and payment terms are net 30 days from the date of shipment or pick-up. If you fail to make payment within 30 days, Encompass may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped orders. Delinquent balances over 30 days will accrue interest at a rate of 1.50% per month. User agrees to pay the cost of any and all expenses incurred by Encompass to collect past due sums, including but not limited to legal, collection and court costs. Credit card sales are billed at the time of purchase. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling, and any other amounts described on the Site) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. User expressly represents it is solvent at the time it places any order with Encompass. You agree to keep all payment cards or other payment method information current, and you agree that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

RETURNS

Except for any Goods designated on the Site as non-returnable, Encompass will accept a return of Goods for a refund of User’s purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such Goods are returned in their original condition. To return Goods, you must call 800-781-0207 800-781-0207 if you are in the US, 800-781-0207 800-781-0207 if you are in Canada, or email our Customer Service Department at [email protected] to obtain a Return Merchandise Authorization (“RMA”) number before shipping your Goods, if it is returnable. No returns of any type will be accepted without an RMA number. Encompass will not accept any returns without prior approval or consent, which will be given or withheld at Encompass's discretion. A restocking fee will apply for most returns. No returns will be accepted beyond 90 days of purchase. Special orders may not be cancelled or returned. User is responsible for all shipping and handling charges on returned Goods. User bears the risk of loss during shipment. Refunds are processed within approximately three business days of our receipt of your Goods. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY GOODS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

DELIVERY; SHIPPING FEES; RISK OF LOSS

User is responsible for additional applicable shipping and handling charges, surcharges, taxes, and duties or for providing valid sales tax exemption certificates.

Encompass shall deliver the ordered Goods to the address specified by the User in the order (the “Delivery Point”) using Encompass’s standard methods for packaging and shipping such Goods. If for any reason User fails to accept delivery of any of the Goods at the Delivery Point, or if Encompass is unable to deliver the Goods at the Delivery Point because User has not provided appropriate instructions, documents, licenses, or authorizations: (i) the Goods shall be deemed to have been delivered; and (ii) Encompass, at its option, may store the Goods until User picks them up, whereupon User shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

All shipments are FOB origin point of shipment from Encompass’s facility and/or the vendor’s manufacturing facilities with freight costs and handling fees charged to you. COD shipments are not permitted. Other terms and conditions may apply to special orders including freight collect, export orders, hazardous materials, etc. If a Good is damaged in transit, you must file claim with the carrier. Unless desired routing is specified on the order, a common carrier will be selected by Encompass. If specified routing entails special charges, all charges will be added to the invoice. The carrier on FOB shipping point shipments becomes the agent for User, and User must file all damage claims with the carrier. Encompass will deliver the Goods as close as possible to User’s requested delivery date(s). User acknowledges that shipment and delivery dates are estimates only and that Encompass will not be liable for failure to meet such dates.

ORDER CANCELLATIONS

Any cancellation must be approved by Encompass and may be subject to restocking and other charges.

CREDIT BALANCE

You agree that any credit balances will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND ENCOMPASS SHALL HAVE NO FURTHER LIABILITY.

FORCE MAJEURE

Encompass shall not be liable for any delay in or impairment of performance resulting in whole or in part, directly or indirectly, from any delay or impairment is caused by or results from acts or circumstances beyond Encompass’s reasonable control, including but not limited to acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, change in any law or regulation, disruptions in communications, power, or other utilities, labor disruptions, shortages, inability to procure Goods, unavailability of supplies of raw materials, explosions, fires, floods, or other severe weather conditions, pandemics, or any other circumstances or cause beyond the control of Encompass in the conduct of its businesses.

SUBSTITUTION OF GOODS

Goods may be substituted by the manufacturer and may not always exactly match descriptions and/or images.

AVAILABILITY; REVISIONS; RELIANCE ON INFORMATION POSTED

The information presented on or through the Site, including the Content, is made available solely for general information purposes. We reserve the right to modify or discontinue the Site at any time with or without notice to you. We do not guarantee continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God, as more fully set forth below.

We reserve the right, at our sole discretion, for any reason, at any time, with or without notice to you, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or to terminate your user ID and Account and/or your access to the Site (or any part thereof). Under no circumstances shall we be liable for any loss, damage, liability, or expense incurred or suffered which is claimed to result from your use of the Site, including without limitation, any fault, error, omission, interruption, or delay with respect thereto.

We use reasonable efforts to update the information on the Site and the Content, but the Site and its Content are subject to change without notice. However, we do not make any commitment to update the Site or the Content. The Content and the Site may include technical, typographical, or photographic errors.

We do not warrant the accuracy, completeness, or usefulness of the Site or the Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site.

We use reasonable efforts to accurately display the Goods sold and advertised on the Site, including their sizes, colors, images, and other attributes. The actual color you see for Goods pictured on the Site will depend on your monitor or mobile device and from differences in manufacturing lots. We cannot guarantee that the color of the Goods you choose will be identical to the color displayed on your monitor. Descriptions of Goods are subject to change without notice.

In some cases, Goods displayed on the Site may be unavailable, be limited to certain areas of the country or may not be available to you. Sales, promotions, and special offers posted on the Site are subject to change without prior notice. The inclusion of any Goods at a particular time does not imply or warrant that those Goods will be available.

If you have questions about the information presented on the Site, please contact us using the information provided in “Contact Information” at the end of these Terms of Use.

USER RESPONSIBILITIES AND OBLIGATIONS; USER ACCOUNTS

User Connection to Site.
User shall be responsible for selecting, obtaining, and maintaining any equipment, items, communications, and ancillary services needed to access the Site.
Accounts.
To use certain features of the Site and to make purchases using the Site, you may be required to create an account (“Account”). To create an Account, you must be at least the age of majority in the state you reside.

If you are accessing the Site on behalf of an organization, you represent and warrant that you have the authority to agree to these Terms of Use and act on behalf of such organization and to bind such organization to any transactions made using the Site under these Terms of Use. We may reject an application for an Account for any reason, in our sole discretion.

Account Passwords and Data Security.
User shall maintain the confidentiality of all User IDs and passwords of User. User shall be solely responsible for all use or misuse of the User IDs of User, and Company shall have no obligation to monitor for or report any use or attempted use of the User IDs of User. If you believe your Account has been compromised, you must contact us immediately.

We may suspend or terminate your Account at any time in our sole discretion if you violate these Terms of Use or if we suspect your Account is insecure or has been compromised.

LINKS FROM THE SITE; THIRD PARTIES

This Site may contain links to other Internet sites that our partners and other third parties. These links are provided for your convenience only. Your use of those sites is subject to the Terms of Use, if any, that each of those sites have posted. We have not reviewed all the sites linked to the Site, and we are not responsible for any changes to or content on them. We have no control over the content of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Our inclusion of any content is not an endorsement of that material or linked site or the companies that own or operate the material or linked sites.

This Site may also include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

MANUFACTURER’S WARRANTY AND DISCLAIMERS

WE DO NOT MANUFACTURE ANY OF THE GOODS OFFERED ON THE SITE. THE AVAILABILITY OF GOODS THROUGH OUR SITE DOES NOT INDICATE AN AFFILIATION WITH OR ENDORSEMENT OF ANY GOODS, SERVICES, OR MANUFACTURER.

Manufacturer’s Warranties.
The Goods offered on the Site may be covered by a manufacturer's warranty as detailed in an order.
Manufacturer’s Warranty Claims.
To obtain warranty services for Goods you purchased through the Site, you must follow the instructions included in the manufacturer’s warranty.

WAIVER OF LIABILITY FOR MANUFACTURER’S WARRANTY CLAIMS. BY USING THE SITE AND THE SERVICES, YOU AGREE THAT ENCOMPASS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU WITH REGARD TO GOODS PURCHASED THROUGH THE SERVICES.

DISCLAIMER OF WARRANTIES

ENCOMPASS OFFERS THE GOODS, THE SERVICES, THIS SITE, THE CONTENT, AND ANY AFFILIATED APPLICATIONS “AS-IS” AND “AS AVAILABLE,” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE GOODS, THE SERVICES, THIS SITE OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ENCOMPASS DOES NOT WARRANT THAT THIS SITE, THE SERVICES, THE CONTENT, AND ANY AFFILIATED APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES, THE SITE, THE CONTENT, AND ANY AFFILIATED APPLICATIONS WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THIS SITE AND ANY AFFILIATED APPLICATIONS USED BY ENCOMPASS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENCOMPASS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES AND ANY AFFILIATED APPLICATIONS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO THE USE OR MISUSE OF THE GOODS.

COMPANY WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO THE USE OR MISUSE OF THE GOODS, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE VALUE OF THE GOOD(S) SOLD.

ALL USER CONTENT IS STRICTLY THE OPINION OF THE USER POSTING SUCH CONTENT, AND WE DO NOT ENDORSE OR APPROVE ANY USER CONTENT. WE DO NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, APPROPRIATENESS OR CONTENT OF USER CONTENT.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.

IN ADDITION TO THAT WHICH IS SET FORTH IN THESE TERMS OF USE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ENCOMPASS SHALL NOT BE LIABLE FOR ANY LOSS ARISING OUT OF OR RELATING TO (A) A FAILURE BY YOU TO COMPLY WITH THE OBLIGATIONS SET FORTH IN THESE TERMS OF USE; (B) YOUR USE OF THE SERVICES OR SITE; (C) YOUR RELIANCE ON THE SERVICES OR THE SITE; AND (D) ACTS OR OMISSIONS OF USER OR ANY THIRD PARTY.

THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

MAXIMUM AGGREGATE LIABILITY.
ENCOMPASS’S AND THE ENCOMPASS PARTIES’ SOLE AND ENTIRE TOTAL AGGREGATE LIABILITY FOR ANY REASON, TO USER, OR TO ANY OTHER PERSON OR ENTITY ARISING FROM OR RELATING TO THESE TERMS OF USE, OR ANY PURCHASES GOVERNED BY THESE TERMS OF USE, FROM THE USE OF OR THE INABILITY TO USE THE GOODS FURNISHED UNDER THESE TERMS OF USE, OR FROM ANY INFORMATION YOU OBTAIN FROM THE SERVICES, THE SITE OR ITS CONTENT, WHETHER PROVIDED BY US OR A THIRD PARTY, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE PRICE OF THE GOODS GIVING RISE TO THE CLAIM.
EXCLUSION OF CERTAIN DAMAGES.
NEITHER ENCOMPASS COMPANY NOR THE ENCOMPASS PARTIES (AS DEFINED BELOW) SHALL BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, ENHANCED, PUNITIVE, OR PENAL DAMAGES; (2) ANY BACK CHARGES, LABOR COSTS, OR COSTS OF REMOVAL, REPLACEMENT, TESTING, OR INSTALLATION; (3) LOSS OF EFFICIENCY, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE GOODS OR ANY ASSOCIATED ITEMS OR SERVICES; (4) DAMAGE TO ASSOCIATED GOODS; (5) LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF GOODS; (6) COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME; (7) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (8) LOSS OF GOODWILL OR REPUTATION; (9) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (10) CLAIMS FROM THIRD PARTIES, IN EACH CASE REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
NO ADVICE.
IF COMPANY FURNISHES USER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY GOODS SUPPLIED HEREUNDER AND WHICH IS NOT REQUIRED PURSUANT TO THESE TERMS OF USE, THE FURNISHING OF SUCH ADVICE OR ASSISTANCE WILL NOT SUBJECT COMPANY TO ANY LIABILITY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS.
WAIVER OF LIABILITY.
NEITHER ENCOMPASS, NOR ITS AFFILIATES, SUBSIDIARIES, OR THEIR EMPLOYEES, AGENTS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, OR PROFESSIONAL ADVISORS (COLLECTIVELY THE “ENCOMPASS PARTIES”) WILL BE RESPONSIBLE AND EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS, INJURIES, LOSSES OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY GOODS SOLD THROUGH THE SERVICES OR THE SITE. BY USING THE SERVICES AND THE SITE, YOU RELEASE AND HOLD ENCOMPASS AND THE ENCOMPASS PARTIES HARMLESS FROM ANY CLAIM, DEMAND, INJURIES, LOSSES, OR CONTROVERSY THAT MAY ARISE FROM ANY GOODS PURCHASED BY USER AND FROM ANY DISPUTES REGARDING USE OF THE SERVICES OR THE SITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

Except as prohibited under applicable law, you agree to indemnify, defend, and hold harmless Encompass and the Encompass Parties from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of these Terms of Use; (ii) your violation of any third party’s rights, including, without limitation, any Intellectual Property Rights, proprietary rights or privacy rights; (iii) any claim that the User Content you provide caused damage or loss to a third party; (iv) your access to, use of, or misuse of the Services or the Content; (v) your violation of applicable laws when accessing or using the Services, the Site or Content; (vi) any activity occurring under your Account; or (vii) payment methods you provide when making a purchase. This defense and indemnification obligation will survive your use of the Services, the Site, the Content and any termination of these Terms of Use.

DISPUTE RESOLUTION

The following procedures govern any dispute, controversy, claim, or cause of action arising out of or relating to these Terms of Use or the purchase of any Goods from Encompass (“Disputes” or “Dispute”).

The parties will work together in good faith to resolve any Disputes and will first participate in mediation, which may be commenced by either party providing written notice of the Dispute to the other. The parties agree to participate in good faith in a mediation process, including the selection of a mediator, to attempt to resolve the dispute prior to commencing any arbitration.

If the parties are unable to resolve any such Dispute within 60 days following the date one party sent written notice of the Dispute to the other party, and if either party wishes to pursue the Dispute, it may do so only by submitting the Dispute to binding arbitration administered by JAMS, in accordance with its Streamlined Arbitration Rules & Procedures; provided, however, that (1) each party shall retain the right to pursue all otherwise available relief in a small claims court of competent jurisdiction, (2) the parties shall have the right to pursue from the arbitrator(s) all remedies that would otherwise be available to the parties under applicable federal, state or local law, except to the extent that such remedies remain available to the parties in court, and (3) in the event of a conflict between the JAMS Streamlined Arbitration Rules & Procedures and this Dispute Resolution Section, the language of this Dispute Resolution Section shall control. In the event the amount in controversy is less than fifty thousand USD ($50,000.00), then the arbitration shall be conducted by a single neutral arbitrator. Otherwise, the arbitration shall be conducted with a three-person panel of neutral arbitrators, with selection proceeding consistent with Rule 12 of the JAMS Streamlined Arbitration Rules & Procedures. The arbitrator(s) have no authority to award punitive, exemplary, indirect, or special damages except as otherwise provided in this Dispute Resolution Section. Judgment on the award rendered by the arbitrator(s) may be entered or confirmed in any court having jurisdiction thereof. In resolving any Dispute through arbitration, the rights and remedies of the parties shall be determined under the law of the State of Delaware, without regard to conflicts of law principles. The parties acknowledge that because the Terms of Use affect interstate commerce, the Federal Arbitration Act applies.

The place of mediation and arbitration shall be Wilmington, Delaware, and the language of the proceedings shall be English. The proceedings may be conducted remotely at the request of either party. Each party shall bear its own costs and expenses, and the costs of mediation and arbitration shall be shared equally unless otherwise determined by the mediator or arbitrator(s); provided, however, that the maximum fee attributable to a party who is an individual consumer acting on its own behalf, in connection with initiating an arbitration under this Dispute Resolution Section shall be $250.00, with the Company paying any remaining portion of such initiation fees.

If the party wishing to pursue the Dispute does not initiate the arbitration within one year after the date on which written notice of the Dispute was given, it will have waived its right to pursue the Dispute in any forum, unless the parties agree otherwise.

Class Action Waiver.
The parties intend that any arbitration of a Dispute be conducted on an individual basis, so that no third parties may be consolidated or joined or allowed to proceed with class arbitration. No party shall bring or participate in any class, collective, or representative action against the other, whether in arbitration or in any court of law. The arbitrator shall not have authority to consolidate claims or to hear any class, collective, or representative proceeding. The parties agree that any arbitration ruling allowing class arbitration, or requiring consolidated arbitration involving any third parties, would require immediate judicial review should a party seek it.
WAIVER OF RIGHT TO JURY.
IN THE EVENT ANY COURT DETERMINES THAT THIS ARBITRATION PROCEDURE IS NOT BINDING OR OTHERWISE ALLOWS LITIGATION INVOLVING A DISPUTE TO PROCEED, THE PARTIES WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN, OR WITH RESPECT TO, THE LITIGATION. THE LITIGATION WOULD PROCEED INSTEAD WITH THE JUDGE AS THE FINDER OF FACT.

TEXT/SMS MESSAGING MARKETING

We offer marketing and operational information via text or SMS messaging using a third-party text messaging service (“Text Messages”). If you provide your prior consent to receive Text Messages, you may receive recurring promotional Text Messages in connection with use of the Services or the Site through an automatic telephone dialing system. This Text Message service is optional and is not a condition for purchase. We may also send you Text Messages related to your use of the Services or Site that are sent for transactional rather than promotional purposes.

You can opt out of receiving any further Text Messages at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or [add applicable email address]. Delivery of Text Messages are subject to your carrier and standard fees may apply.

By signing up to receive Text Messages, you are representing that you own or have the exclusive right to use the phone number you provide to us. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your Account information and the phone number(s) attached to your Account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously assigned to you, and any new phone number(s) you attach to your Account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

GOVERNING LAW AND VENUE

Except for any Disputes subject to arbitration, all other matters relating to the Services, the Site, the Content, your Account or these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

The courts having jurisdiction over the State of Delaware shall have exclusive jurisdiction over all disputes arising in connection with these Terms of Use, and the place of performance of these Terms of Use is agreed to by you to be the State of Delaware.

ASSIGNMENT

These Terms of Use will be binding upon and inure to the benefit of the parties and their successors and assigns. You may not assign these Terms of Use or any of the rights or licenses granted hereunder. Any attempted sublicense, transfer, or assignment in violation of these Terms of Use is void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

WAIVER

No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Enforcement of these Terms of Use is in our sole discretion.

MATERIAL INDUCEMENT AND CONSIDERATION

YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THESE TERMS OF USE ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE USE RIGHTS CONTAINED HEREIN AND FOR PROVIDING YOU WITH ACCESS TO THE SITE OR THE SERVICES.

ENTIRE AGREEMENT

These Terms of Use, together with any documents expressly referred to in them constitute the sole and entire agreement between you and us with respect to the Services, the Site and Content, and they supersede all previously written or oral agreements regarding the Services, the Site and Content. No prior or contemporaneous representations, inducements, promises, agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. Each party represents and warrants that, in entering into and performing its obligations under these Terms of Use, it does not and will not rely on any promise, inducement, or representation allegedly made by or on behalf of the other party with respect to the subject matter hereof, nor on any course of dealing or custom and usage in the trade, except as such promise, inducement, or representation may be expressly set forth herein.

SEVERABILITY

If any provision of these Terms of Use is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (i) the validity and enforceability of all provisions of these Terms of Use not ruled to be invalid or unenforceable will be unaffected; (ii) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (iii) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (iv) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in these Terms of Use shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.

TERM AND TERMINATION

These Terms of Use are effective upon your first use of the Services or the Site, and it shall continue in effect until terminated in accordance with this section. You may terminate these Terms of Use at any time by closing your Account, discontinuing your use of the Site, and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use the Services or the Site, or any portion of the Services or Site, and to block or prevent your future access to and use of the Services or the Site or any portion of the Services or the Site. We may terminate these Terms of Use at any time by disabling access to the Services, the Site or closing your Account.

NO THIRD-PARTY BENEFICIARIES

Except for Company’s affiliates and subsidiaries, for the App Stores, and as otherwise described in these Terms of Use, these Terms of Use do not and are not intended to confer any rights or remedies upon any person other than you or the person or entity on whose behalf you use the Services or the Site.

COOPERATION WITH LAW ENFORCEMENT

Company will cooperate with law enforcement if you are suspected of having violated applicable laws in connection with your use of the Services, the Content or with regard to Goods. YOU WAIVE AND HOLD COMPANY HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

INTERNATIONAL USERS

The Site are hosted on servers located in the United States. We reserve the right to host the Site on servers located in countries other than the United States. We do not guarantee that the Site or the sale of Goods is permitted in any country outside of the United States and Canada, and we may refuse any orders from outside of the United States and Canada in our sole discretion.

If you access the Site from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of specifically designated nationals or the U.S. Commerce Department’s table of deny orders or denied persons list.

ADDITIONAL TERMS FOR APPS DISTRIBUTED THROUGH THE APPLE APP STORE OR GOOGLE PLAY

Acknowledgement.
The Apps may be available through the Apple App Store or Google Play. You understand that these Terms of Use are between you and Encompass, and not with Apple Inc. or Google, Inc. (each an “App Distributor”). Company, not an App Distributor, is solely responsible for the Apps. In the event that the rules and restrictions in these Terms of Use related to your use of the Apps conflict with the terms and conditions provided by the applicable App Distributor, the App Distributor’s terms shall control.
Scope of License.
The licenses granted to you for the Apps in these Terms of Use are solely for use by you on a device that utilizes the Apple iOS or Android operating system, in accordance with the applicable App Distributor’s terms and conditions.
Maintenance and Support.
Company is solely responsible for providing any App maintenance and you agree that the App Distributor has no obligation to furnish any App maintenance and support.
Warranty.
Company is solely responsible for any product warranties regarding the Apps, whether express or implied by law, to the extent not disclaimed in these Terms of Use. In the event an App fails to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation with respect to the Apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any App warranty will be Company’s sole responsibility.
Product Claims.
You and Company acknowledge that Encompass, not an App Distributor, is responsible for addressing any claims that you or any third party have relating to the Apps, including any (1) product liability claims; (2) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (3) any claim arising under consumer protection, privacy, or similar legislation.
Intellectual Property Rights.
Company, not the App Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims related to the use of the Apps, and you must comply with applicable App Distributor terms when using the Apps.
Third-Party Beneficiary.
You agree that the App Distributors, and their subsidiaries, are third party beneficiaries to these Terms of Use as applicable to the Apps, and that, upon your acceptance of these Terms of Use, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use (as applicable) against you as a third-party beneficiary thereof.

OTHER PROVISIONS

Notice.
Except as otherwise expressly provided herein, notices shall be given under these Terms of Use in writing in the English language, signed by the party giving the same, and shall be given (i) personally (in which case such notices shall be deemed given when so delivered), (ii) by certified or registered U.S. Mail, properly addressed and postage pre-paid, from within the United States (in which case such notices shall be deemed given on the third business day after deposit), (iii) by generally recognized overnight courier, properly addressed and pre-paid, with next business day instruction (in which case such notices shall be deemed given on the next business day after deposit), or (iv) if to User, at Company’s election, by e-mail (in which case such notice shall be deemed given upon transmission unless Company receives a non-delivery email message within a reasonable time thereafter). Such notices shall be sent to [email protected] and to User at the address for notices or email address designated by User. Either party may change its address for purposes of notice by written notice thereof to the other party.
Survival.
The covenants herein concerning indemnification, post-termination procedures, and any other provision that, by its nature, is intended to survive these Terms of Use shall survive any termination or expiration of these Terms of Use.
Successors and Assigns.
These Terms of Use inure to the benefit of Company, its successors and assigns.
Headings.
The headings of the sections used in these Terms of Use are included for convenience only and are not to be used in construing or interpreting these Terms of Use.
Electronic Communications.
These Terms of Use and any other documentation, agreements, notices, or communications between Company and you may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

CONTACT INFORMATION

If you have any questions or comments regarding these Terms of Use, please contact us using one of the following methods:

Email:
[email protected]
Telephone:
800-781-0207 800-781-0207
Mail:

Encompass Supply Chain Solutions, LLC

775 Tipton Industrial Drive, Suite F

Lawrenceville, GA 30046