Terms of Service | Encora House

Terms of Service

Effective Date: November 2, 2024

Welcome to Encora House. These Terms of Service ("Terms") govern your access to and use of the Encora House website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, making a purchase, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use our Services.

2. Eligibility

You must be at least 18 years old and legally able to enter into binding contracts to use our Services. By using our Services, you represent that you meet these requirements.

3. Description of Services

Encora House provides technology solutions and marketing services for real estate professionals, including:

4. Account Registration and Security

To access certain Services, you may need to create an account. You agree to:

5. Purchases and Payment

Pricing: All prices are in U.S. dollars and are subject to change. Current pricing is displayed on our website.

Payment Processing: We use Stripe to process payments securely. By making a purchase, you agree to Stripe's terms and conditions.

Billing: You authorize us to charge your payment method for all fees incurred.

Refund Policy: Due to the custom nature of our services, all sales are final once audit work has begun. Refund requests made before work commences will be reviewed on a case-by-case basis.

6. Service Delivery

AI Visibility Audits:

Pre-Score Tool: Provided "as-is" for informational purposes. Not a comprehensive analysis.

7. SMS/Text Messaging Terms

By providing your mobile phone number and consenting to receive text messages, you agree to receive:

Consent: By checking this box, you consent to receive marketing and promotional messages, including special offers, discounts, and new product updates. Message frequency may vary. Message & data rates may apply. Reply HELP for help or STOP to opt-out.

Opt-Out: Text STOP to any message to unsubscribe. Text HELP for assistance.

Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages.

8. Intellectual Property Rights

Our Content: All content on our website and in our Services—including text, graphics, logos, images, software, and methodologies—is owned by Encora House, L.L.C. and protected by copyright, trademark, and other intellectual property laws.

Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your personal or internal business use.

Your Content: You retain ownership of information you provide to us. By submitting information, you grant us a license to use it to provide our Services and improve our offerings.

Audit Reports: Audit reports we create for you are for your use only. You may not resell, redistribute, or share them with third parties without our written consent.

9. Prohibited Uses

You agree not to:

10. Disclaimers and Limitations of Liability

No Warranties: Our Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied. We do not guarantee:

Limitation of Liability: To the fullest extent permitted by law, Encora House, L.L.C. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising from your use or inability to use our Services.

Maximum Liability: Our total liability shall not exceed the amount you paid for the specific Service giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Encora House, L.L.C., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including attorney's fees) arising from:

12. Third-Party Services

Our Services may integrate with or link to third-party services (Stripe, Google Analytics, Facebook, etc.). We are not responsible for third-party content, policies, or practices. Your use of third-party services is governed by their terms.

13. Termination

We may suspend or terminate your access to our Services at any time, with or without notice, for:

Upon termination, your right to use our Services ceases immediately. Sections that by their nature should survive termination will remain in effect.

14. Modifications to Services and Terms

We reserve the right to modify, suspend, or discontinue any part of our Services at any time.

We may update these Terms periodically. Material changes will be posted on our website with a new effective date. Your continued use after changes constitutes acceptance of the updated Terms.

15. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles.

Arbitration: Any disputes arising from these Terms or our Services shall be resolved through binding arbitration in Scottsdale, Arizona, in accordance with the rules of the American Arbitration Association, except as provided by law.

Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class actions.

Jurisdiction: For matters not subject to arbitration, you consent to the exclusive jurisdiction of courts in Maricopa County, Arizona.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Encora House regarding our Services and supersede all prior agreements.

18. Contact Information

Encora House, L.L.C.

7014 E Camelback Rd., Suite B100a
Scottsdale, AZ 85251

Email: info@encorahouse.com
Phone: (602) 345-0727

For questions about these Terms or our Services, please contact us using the information above.

By using Encora House Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.