Terms of Use (Enco and Halo Websites)

Thank you for visiting the Enco and Halo websites, including encoelectronics.com, https://haloprotectionsystems.com, and all of their subdomains and aliases (collectively, the “Website,” “Site,” or “Sites”).

These Sites are owned and operated by ENCO ELECTRONIC SYSTEMS, LLC and its subsidiary HALO PROTECTION SYSTEMS, LLC (collectively referred to herein as “Enco,” “Halo,” “we,” “us,” “our,” and “ours”). The following terms and conditions (these “Terms of Use”) form a binding agreement between you and us. Unless otherwise indicated, the terms “you,” “your,” and “yours” when used in these Terms of Use mean any user or visitor to the Sites.

Please read these Terms of Use carefully. Your access to, and use of, these Sites and any of the information, materials, data, demos, blogs, products, services, or other materials made available on or through these Sites (collectively, “Materials”) are subject to all applicable laws, rules, and regulations and to the terms and conditions set forth in these Terms of Use.

By accessing or using these Sites, you agree to be bound by these Terms of Use and our Privacy Notice (defined below). If you are accessing or using these Sites on behalf of an entity or business, you represent and warrant that you have the authority to bind such entity or business to these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit these Sites and cease use of all Materials, as you are not permitted to access or use these Sites or any Materials.

The Sites and any Materials may not be accessed for purposes of monitoring their availability, performance, or functionality, or for any benchmarking or competitive purposes, or as otherwise restricted by these Terms of Use. Our direct competitors, or any parties acting on their behalf, are prohibited from accessing or using any portion of the Sites or Materials including, without limitation, downloading or accessing resources, accessing free or paid accounts, signing up for or participating in demos, webcasts, events, or otherwise accessing Materials intended for prospects, customers, or partners. You are prohibited from accessing the Sites or any Materials under false pretenses. You are prohibited from falsifying or concealing your identity in your access or use of the Sites or any Materials.

YOUR ACCESS TO THESE SITES (OR PORTIONS THEREOF) AND USE OF ANY MATERIALS (OR PORTIONS THEREOF) IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES ANY APPLICABLE LAWS, RULES, OR REGULATIONS.

Privacy Notice

All information we collect on the Sites is subject to our privacy notice(s) (the “Privacy Notice”), available at:

By using the Sites and any Materials, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

Changes to These Terms of Use

These Terms of Use may be changed by us, in our sole discretion, from time to time with or without notice to you. Any changes or modifications to these Terms of Use will be effective upon posting on the Sites. You should always review these Terms of Use prior to your access or use of the Sites or Materials to ensure that you understand the current Terms of Use that apply. Your continued use of the Sites or Materials following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you cannot access these Terms of Use via the Internet, we can provide a copy of the Terms of Use then in effect by email upon reasonable request.

Product and Services Information

All references on the Sites to Materials apply to Materials available only in the countries or jurisdictions specified, unless otherwise stated. Nothing on the Sites constitutes an offer to buy or sell our products or services in any jurisdiction. The Sites are for informational purposes only.

If you purchase, access, or use any paid products or services, your use may be governed by separate terms (for example, a master subscription agreement, customer terms of service, order form, or similar agreement). In the event of a conflict between these Terms of Use and a signed or agreed service agreement governing paid products or services, the service agreement will control for those paid products or services.

Eligibility

The Sites and any Materials are offered and available only to users who are of the legal age of consent as defined by applicable law (for example, 18 years of age or older in many jurisdictions). The Sites are not intended for use by minors (as defined by applicable law). By using the Sites and Materials, you represent and warrant that you are of legal age to form a binding contract with us and meet all eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites or Materials.

Ownership and Permitted Use of Materials

Unless otherwise indicated, the Sites and their design, text, content, files, selection, arrangement of elements, organization, graphics, compilation, translations, digital conversion, and other matters related to, and all trademarks, logos, service marks, symbols, trade dress, and all Materials provided on or through the Sites are protected by applicable copyright and trademark laws and/or international conventions and treaties. All Materials are the exclusive and proprietary property of Enco Electronic Systems, LLC and/or its third-party licensors. ALL RIGHTS RESERVED.

The posting, display, or other provision of any Materials on the Sites shall not constitute a waiver of any right or interest of Enco Electronic Systems, LLC and/or its third-party licensors in such Materials. Except as expressly provided herein, nothing contained in these Terms of Use or the Sites shall be construed as conferring by implication, estoppel, or otherwise any license, interest, or right in or to the Materials under any copyright, trademark, or proprietary rights of Enco Electronic Systems, LLC or of any third party.

Except as otherwise provided herein, no Materials (or portions thereof) may be used, copied, reproduced, distributed or redistributed, published or republished, downloaded, modified, displayed, posted, broadcast, imitated, adapted, translated, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, or sold, offered for sale, licensed or sublicensed, reverse engineered, disassembled, decompiled, incorporated into compilations, or used in the creation of derivative works, without our express prior written permission or that of the respective third-party owner.

Subject to your compliance with the foregoing, permission is hereby granted to you to the extent necessary for you to lawfully: (a) access the Sites and/or Materials made available on or through the Sites; and (b) display, download, archive, and print in hard copy portions of the Sites for your personal or internal business, non-commercial, and informational use only.

Prohibited Uses

You agree not to use the Sites to: (a) modify the Materials (or any portion thereof); (b) use the Sites and/or the Materials in a manner that is fraudulent, libelous, defamatory, tortious, obscene, threatening, abusive, malicious, offensive, hateful, objectionable, constitutes or encourages a criminal offense, violates the rights of another (including any copyright, trademark, patent, trade secret, privacy, moral or publicity rights, or other intellectual property or proprietary rights), or otherwise violates or conflicts with these Terms of Use or any applicable law; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (d) interfere with, disrupt, or attempt to gain unauthorized access to the Materials, other user accounts, any restricted portions of the Sites, or any computer network or equipment; (e) use any manual or automated software, devices, or other processes to “crawl” or “spider” any webpages contained in the Sites (including the use of robots, bots, spiders, scrapers, or any other means to extract any Materials or other data from the Sites); (f) frame or otherwise simulate the appearance or functions of the Sites (or any portion thereof); and/or (g) remove or alter any copyright, trademark, or other proprietary notices and legends contained in the Materials or on the Sites (and any printouts thereof).

The permission granted above is for the sole purpose of enabling you to use the Sites and enjoy the benefit of the Materials as provided on the Sites in the manner permitted by these Terms of Use. We may modify the Materials from time to time, and you are solely responsible for ensuring that you are using current and permitted Materials only.

This permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any and all downloaded, archived, or printed copies of the Materials and, if requested by us, certify to us in writing that you have complied with the foregoing.

Violations

We have the right, in our sole discretion, to terminate your use of and access to the Sites, or any Materials, in any and all appropriate circumstances, including your violation of these Terms of Use.

Disclaimer of Endorsement

Any references to businesses or entities, products, processes, or services, or other organizations or individuals that are included on the Sites by trade name, trademark, or otherwise are provided solely for your information. These references are not endorsements or approvals by Enco Electronic Systems, LLC or Halo Protection Systems, LLC and should not be quoted or reproduced for the purpose of stating or implying endorsement or approval. We do not endorse or update statements on third party websites. We are not responsible for content provided by third party websites, including those to which you may be redirected.

Account Registration

Certain areas or features of the Sites may allow or require you to register for an account (for example, to access gated resources, events, trial environments, portals, communities, or other features).

User-Generated Content

You may from time to time be permitted to post content on the Sites, submit emails, or otherwise provide content to us in connection with your use of the Sites or Materials (“User-Generated Content”). Any communication or material you post on the Sites or transmit to us over the Internet is, and will be treated as, non-confidential and non-proprietary and is solely your responsibility.

This does not include user content or data collected by us or provided to us through paid products or services governed by separate service terms and any applicable product privacy notice(s) or data processing terms.

Upon the transmission of any User-Generated Content to us, you expressly grant us a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable, and non-exclusive permission to reproduce, display, publish, modify, distribute, disseminate, and/or otherwise use or exploit such content for any lawful purpose, without compensation, notice, or obligation to you, subject to the Privacy Notice. We are not required to use or return any User-Generated Content submitted to us.

You represent and warrant that you own or otherwise control all rights, including copyrights, in and to any such User-Generated Content; that all moral rights in and to such User-Generated Content have been waived to the extent permitted by applicable law; and that the use of such User-Generated Content as permitted hereunder does not and will not infringe or violate the rights of any third party. All derivative works or other developments arising from or based on User-Generated Content, if created by us, shall be our exclusive property.

The posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. Under no circumstances shall we be liable for any such material posted or transmitted by you, by or through the Sites.

We reserve the right to monitor communications with us whether by mail, voice, fax, email, or other transmission for quality control, security, and other business needs, to the extent permitted by applicable law.

Feedback

You may provide us with suggestions, comments, or other feedback (collectively, “Feedback”) with respect to our products, services, Sites, or Materials. Feedback is voluntary. We are not obligated to hold Feedback in confidence. We may use Feedback for any purpose without obligation of any kind. To the extent a license is required to make use of any intellectual property in any Feedback, you grant us an irrevocable, non-exclusive, perpetual, royalty-free license to use the Feedback in connection with our business, including enhancing our products, services, Sites, or Materials.

Statements on the Sites

Documents contained on (or directly accessible from) the Sites may contain forward-looking statements. Any statements that are not statements of historical fact (including statements to the effect that we or our management “believe,” “expect,” “anticipate,” “plan,” and similar expressions) should be considered forward-looking statements and should not be relied upon. There are a number of factors that could cause actual results to differ materially, including general economic conditions, our ability to develop and introduce offerings, new offerings by competitors, pricing practices, expansion of sales distribution capabilities, cost and availability of components, undetected software errors or bugs, our ability to control costs, and other risk factors. We have no obligation to update or alter forward-looking statements.

We are not responsible for content accessible via the Sites, or any website with which the Sites are linked, including the accuracy, completeness, or reliability of historical data.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITES OR THE MATERIALS, WHICH ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITES, THE MATERIALS, AND ANY WEBSITE WITH WHICH THE SITES ARE LINKED.

You are solely responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, and other computer requirements necessary for your access to, and use of, the Sites and the Materials.

WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER: (A) the information accessible via the Sites, or any website with which they are linked, is accurate, reliable, complete, or current; (B) use of the Sites and access to the Materials will be uninterrupted or error-free; (C) the Sites or the Materials will be available at any particular time; or (D) the Sites or the Materials are free of viruses or other harmful components.

Neither we nor any third-party licensor will be liable with respect to any decisions made by you or any other person as a result of reliance on the Sites or any Materials. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you. You accept that our shareholders, owners, officers, directors, employees, and other representatives shall have the benefit of this clause.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Exclusion of Liability

To the fullest extent permitted by applicable law, neither we nor any of our shareholders, officers, directors, representatives, employees, agents, third-party licensors, suppliers, and contractors shall be liable for any losses and/or expenses of whatever nature, however arising and regardless of the legal theory of liability, including any direct, indirect, special, punitive, incidental, or consequential damages; loss of or inability to use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damages, expenses, or losses and even if an exclusive remedy provided for herein fails of its essential purpose, arising out of or in connection with your access or use of, or inability to use, the Sites or the Materials or any website with which the Sites are linked.

If you are dissatisfied with the Sites or any Materials, your sole and exclusive remedy shall be to discontinue use of the Sites and Materials and terminate these Terms of Use in accordance with their terms. To the maximum extent permitted by law, in no event shall our or any third-party licensor’s total liability to you for damages, losses, and causes of action (whether in contract or tort, including negligence or otherwise) exceed the aggregate amount paid by you, if any, for accessing the Sites or Materials.

Indemnity and Release

You agree to defend, indemnify, release, and hold us harmless, as well as our shareholders, officers, directors, agents, representatives, employees, and third-party licensors from any and all claims, liabilities, losses, expenses, or demands, including reasonable legal fees, based on, arising from, or otherwise related to: (a) your breach or violation of these Terms of Use; (b) your access or use of the Sites or any Materials; (c) any infringement or misappropriation by you of any intellectual property or other rights of us or any third party; or (d) any negligence or willful misconduct by you.

Modification and Discontinuation

We reserve the right, at any time, and from time to time, to modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Sites (or any portion thereof) and/or the Materials (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Sites (or any portion thereof) or the Materials (or any part thereof).

Termination and Survival

These Terms of Use will remain in effect until terminated by you or us. You may terminate these Terms of Use at any time by ceasing your use and access of the Sites and Materials and by destroying all Materials that you saved, printed, or downloaded from the Sites. Notwithstanding any other terms herein, we reserve the right, without notice and at our sole discretion, to terminate your permission to use the Sites and to block or prevent future access to, and use of, the Sites and Materials. The provisions of these Terms of Use that by their nature and content are intended to survive the expiration or termination will survive such termination or expiration.

Entire Understanding

These Terms of Use contain the entire understanding between you and us with respect to the Sites and your use and access, and supersede all representations, statements, inducements, understandings, arrangements, and agreements, oral or written, relating thereto unless otherwise signed in writing by authorized representatives of the parties. If there is a conflict between these Terms of Use and any written agreement between you and us related to your use of the Sites or Materials, the terms of such written agreement shall control.

If any part of these Terms of Use is declared invalid, void, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portions, which shall remain in full force and effect to the maximum extent permitted by law.

Our failure to enforce any provision of these Terms of Use shall not operate as, or be deemed, a waiver of any other breach of any such provision, any other provision herein, or any right to enforce such provision(s).

Trade Compliance Restrictions

The sale, resale, or other disposition of our products and services and any related technology or documentation may be subject to economic sanctions, export control laws, and other restrictive trade measures administered by the United States and other applicable governments. Because these laws can have extraterritorial effect, you agree that you will comply with all such measures where applicable, including applicable requirements under the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) sanctions regulations, and applicable anti-boycott rules and reporting requirements.

You understand and acknowledge that you are solely responsible for complying with such laws when applicable. You further understand and acknowledge that you shall not directly or indirectly export, re-export, import, sell, disclose, or otherwise transfer any products, services, technology, or documentation to any country or party subject to such restrictions, and that you are solely responsible for obtaining any licenses required.

Applicable Law and Jurisdiction

While we may provide global products and services, these Terms of Use are based on the laws of the State of Florida. Access to, or use of, the Sites or Materials may be prohibited by law in certain countries or jurisdictions. You are solely responsible for ensuring compliance with any applicable laws of the country from which you are accessing the Sites. We make no representation that the information contained herein is appropriate or available for use in any location.

You agree that these Terms of Use are made and partially performed in Florida, and that the state or federal courts located in Florida, without giving effect to principles of conflicts of law, shall have exclusive jurisdiction to resolve any controversy or claim arising out of, or relating to, your access and use of the Sites, and that the laws of the State of Florida shall govern such dispute or claim. You consent to the exercise of personal jurisdiction by such courts and waive any defenses of lack of minimum contacts or forum non conveniens.

Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use may be taking place or originating.

The rights and remedies provided by these Terms of Use are cumulative and the use of any right or remedy by us shall not preclude or waive our rights to use any other remedies.

Contacting Us

If you have any questions regarding these Terms of Use or any other matter, you may contact us by writing to us at:

All notices pertaining to contractual or legal matters (for example, breach of contract, termination, indemnifiable claims, and similar matters) must clearly be identified as such and marked as Legal Notices.