Terms of Use – Encore Capital Group

Effective as of July 30, 2019

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “you” or with “your”) AND ENCORE CAPITAL GROUP, INC.^® (referenced herein as “Encore” or with “our”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE (the “TOU”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THE ENCORE WEBSITE FOUND AT www.encorecapital.com (THE “WEBSITE”). ENCORE IS WILLING TO LICENSE TO YOU THE RIGHT TO ACCESS AND USE THE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE, PLEASE EXIT THE WEBSITE IMMEDIATELY. This TOU may be amended or modified by Encore at any time, with or without notice, on the understanding that such changes will not apply to usage prior to the amendment or modification, or to claims arising prior to such change. Your continued use of any part of the Website, or your clicking of any button to indicate acceptance of these terms, constitutes acceptance to such change. It is therefore essential that you consult and accept the TOU at the time of accessing the Website, particularly to determine which provisions are in operation at that time, in case they have changed since the last time you used the Website or reviewed the TOU. Updates to this TOU will be denoted by the date marker at the beginning of this document.

LICENSE GRANT. This TOU provides you with a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the Website solely for your personal use and conditioned on your continued compliance with this TOU. You may print materials and information from the Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, you may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted by this TOU; (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (iii) access, link to, or use any source code from the Website (or any part thereof); (iv) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof or materials therefrom); (v) tamper or interfere with the proper functioning of any part, page or area of the Website and any and all functions and services provided by Encore, including any manner that could damage, disable, overburden or impair the Website; (vi) submit any purposely inaccurate information, commit fraud, or submit falsifying information in connection with your User Account (as defined herein); or (vii) attempt to scan or test the security or configuration of the Website or to breach security or authentication measures without proper authorization.
USER OBLIGATIONS. By accessing or using the Website, you also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Website. In addition, you agree to assume all responsibility for compliance with this TOU and for your use, and the results of your use, of the Website.
PROPRIETARY RIGHTS. The contents of the Website, including all software, designs, text, graphics, images, photographs, illustrations, audio and video materials, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel”, and arrangement of the Website, unless otherwise indicated, are owned, controlled, and licensed by Encore. Any rights granted hereby are expressly licensed. Encore does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Website (or any part thereof) to you or anyone else. The Website is Copyright © 2019 ENCORE CAPITAL GROUP, and/or its licensors. ENCORE CAPITAL GROUP, Encore, Encore Logo Design and all other names, logos, and icons identifying Encore and its products and services are proprietary trademarks of Encore, and any use of such marks, including, without limitation, domain names or account identifiers, without the express written permission of Encore is strictly prohibited. Other product and company names mentioned herein or on the Website may be the trademarks and/or service marks of their respective owners.
WEB PRIVACY POLICY.
The Web Privacy Policy outlined below is applicable to information you submit to our web site at www.encorecapital.com (the “Site”). This Web Privacy Policy is applicable only to Encore Capital Group, Inc. (“Encore” or “we,” “us” or “our”), and does not apply to our affiliates, including without limitation Midland Credit Management, Inc., Midland Funding LLC, Atlantic Credit & Finance, Inc., and Asset Acceptance LLC. For information about the privacy policies and other requirements applicable to our affiliates, please see our affiliates’ respective websites. We may change this Web Privacy Policy from time to time. The “Effective Date” legend at the top of the page indicates when this Web Privacy Policy was last revised.

Information We Collect
Encore respects your right to privacy, and your right to be free from unwanted Internet intrusions. When a visitor contacts the Site, we may collect personally identifying information such as name, street and e-mail addresses, phone numbers, the site the visitor linked from, and other information which, when used by itself or with other data, might identify that person (“Personally Identifiable Information”). We typically collect Information from these sources:

Automatic Information. We receive and store some Information automatically when you interact with the Site, such as information your web browser provides to our web server. Like many web sites, we use “cookies,” which are unique identifiers that we transfer to your device to enable us to recognize your device and to provide certain features to you.

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Because cookies enable you to use certain features on the Site, we recommend that you leave them turned on.

Information you provide to us. We receive and store information you enter on the Site, for example, when you complete a search request, or voluntarily provide information in any other way on the Site. If you prefer that we not collect and store information that you provide to us about you on the Site, please do not provide it to us and do not access the Site.

How We Use Your Information
Encore will use and share information that you provide through the Site for the specific purpose for which you submitted the information and/or as described in this Web Privacy Policy, and to assemble information we obtain to assess the usefulness and popularity of the various web pages on our Site, or certain links to or from the Site.

Information We Share with Third Parties
Encore does not sell Personally Identifiable Information and will not share any Personally Identifiable Information collected through the Site except as required by applicable law or as stated below.

Third Party Service Providers
Encore may employ other companies and individuals to perform functions on our behalf. These third parties may have access to Personally Identifiable Information needed to perform their functions but may not use it for other purposes, in accordance with applicable law.

As Required By Law Or For The Protection Of Encore And Others
Encore will share your Personally Identifiable Information if required by law to do so, such as in response to a subpoena or other legal process. We may release Personally Identifiable Information if we believe release is appropriate or required to comply with the law, enforce or apply our Terms of Use and other agreements, or to protect the rights, property, or safety of our users or others. This includes exchanging information with law enforcement or other companies and organizations and organizations for fraud protections and prevention.

Acquisition
In the event that Encore, or any division or part thereof, is bought, sold, or otherwise transferred, or is in the process of a potential transaction, Personally Identifiable Information about you may be shared for evaluation purposes and included among the transferred business assets.

Sharing with Affiliates.
We may share information about your transactions and experiences with us or the Site with our affiliates (meaning entities controlled by, controlling or under common control with Encore). Any such sharing of such information will be in accordance with applicable law and the privacy policies of those affiliates.

Security
We are committed to providing reasonable measures to protect your Information from any unauthorized access or disclosure, and use measures to protect your information. However, no web site is invulnerable, and you should also take sensible measures to safeguard your Information. We (like all websites) cannot warrant or guarantee 100% security of any information you transmit to us through the Site.

Your Choices About Your Personally Identifiable Information
• Managing “Do Not Track” Signals. Some browsers have a Do Not Track (“DNT”) feature that lets you tell websites that you do not want your online activities tracked. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, ad networks, plug-in providers, and other web services you encounter while browsing to stop tracking your activity via cookies or other tracking technologies. The Site does not currently respond to DNT browser signals or mechanisms.
• Protections for Children. The Site is not designed for or targeted to children under the age of 18 and users under the age of 18 are unauthorized. Encore will never knowingly solicit or collect Personally Identifiable Information from a child under the age of 18 through the Site. If we discover that a child under the age of 18 has submitted Personally Identifiable Information, we may delete that information without further notice.
• Changing or deleting Personal Data. Encore strives to maintain the accuracy of Personally Identifiable Information collected. Encore will work with you to correct any information you submitted to Encore upon your request. It may not always be possible to completely remove or modify information in Encore’s databases, although we will make reasonable efforts to do so upon your request.
• Electronic Communications. If you request electronic communications from us but no longer wish to receive them, you may notify us using the contact information at the bottom of this page.

Links
The Site may contain links to other web sites. Encore has no control over and assumes no responsibility for the privacy practices of such other web sites.

Must be Eighteen (18) Years of Age
The Site is only intended for use by adults. If you are under 18, you may use the Site only with the permission and involvement of a parent or legal guardian.

DISCLAIMER
The Site is provided for information purposes only, and the information contained therein must not be relied on as credit, investment, or legal advice. The information contained in the Site is provided only as general information. Because it is only updated periodically, such information may or may not reflect the most current information available to Encore; we cannot guarantee that it is correct or complete at any particular time. Further, Encore has no control over and does not guarantee the accuracy of information available through any links contained in the Site.

Visitors to the Site should not: (1) assume that information contained in the Site is up to date; (2) rely upon any such information for any purpose without first seeking independent advice; and (3) provide any information to Encore through the Site if the provider considers the information confidential, as the Site may not be secure. Your providing information to Encore and/or the Site does not create or result in any relationship between us and you, whether as credit advisor-consumer, investment advisor-client, attorney-client, or otherwise. Nothing contained in the Site should be construed to constitute a recommendation or endorsement of any product, service or site by Encore.

Contacting Us

If you have questions or comments about this Web Privacy Policy, please contact us using the contact information provided at the bottom of this page.

Changes to Our Web Privacy Policy

The Effective Date of this Web Privacy Policy is set forth at the top of this Web Privacy Policy. Encore may from time to time make changes to this Web Privacy Policy to reflect changes in legal or regulatory obligations or changes in the manner in which we collect and use Personally Identifiable Information. We will notify you by posting the modified Web Privacy Policy, and its effective date, on this page. For this reason, you should regularly review this Web Privacy Policy and note the effective date. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Web Privacy Policy. The amended Web Privacy Policy supersedes all previous versions
LINKS TO OTHER SITES. Encore may provide links, in its sole discretion, to other websites or online social networks (or pages) for your convenience in locating or accessing related information, products, and services. These sites, networks, and pages have not necessarily been reviewed by Encore and are maintained by third parties over which Encore exercises no control. Accordingly, Encore expressly disclaims and shall not have any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites, networks, or pages. Moreover, these links do not imply an endorsement with respect to any third party, any website, network, or page, or the products or services provided by any third party.
AVAILABILITY AND ACCURACY OF THE WEBSITE. You agree that from time to time Encore may modify or remove the Website, including any features therein, for indefinite periods of time at any time, without notice to you. While Encore uses reasonable efforts to keep the Website accessible, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. Although Encore strives for accuracy in all elements of the Website, it may contain errors, inaccuracies or omissions. Encore reserves the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Website is inaccurate at any time without prior notice. Although Encore makes reasonable efforts to prevent tampering with the Website, Encore does not guarantee that Encore’s efforts will always be successful. Encore is not responsible for your reliance on any information or content found on the Website, which for the avoidance of doubt includes any information related to a listing or practice, and Encore makes no representations about the accuracy, reliability, completeness, or timeliness of the Website, or information thereon, and is not responsible for the conduct, whether online or offline, of any person using the Website, including any person’s violation of this TOU.
ELECTRONIC COMMUNICATIONS. When you use the Website, you have the option to request that we contact you electronically, such as for email updates or other similar communications. By doing so, you consent to receive communications from Encore electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Website, or through any other means from Encore, and you can retain copies of these communications for your records. If you do not wish to receive further electronic communications from Encore after such a request has been made, you may notify us by contacting us using the information provided at the bottom of this page.
FEEDBACK. Encore welcomes your feedback and suggestions about its products or services or with respect to how to improve the Website. But, by transmitting any feedback or suggestions, or any related information, material, or other content (collectively, “feedback”) to Encore, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Encore. In addition, any feedback received by Encore will be deemed to include from you a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Encore to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in the information, material, or content related to such feedback, and you hereby waive any claim to the contrary.
WARRANTY DISCLAIMER.THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. ENCORE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ENCORE ALSO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU.
LIMITATION OF LIABILITY. You acknowledge and agree that Encore shall not be liable or responsible for any claim, damage, or loss resulting from a cause beyond Encore’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or other natural disasters, strikes or other labor problems, wars, or governmental restrictions.
MOREOVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL ENCORE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, FOR LOST DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ENCORE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF ENCORE FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE, RESULTS FROM USE OF THE WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS TOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD).
ENFORCEMENT. Encore wishes to maintain the Website as a helpful resource for all of its users. As it relates to Encore, Encore reserves the right to view, monitor, and/or record activity on the Website (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Website may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by Encore for use of or with the Website. Moreover, you also acknowledge that any breach, threatened or actual, of this TOU by you may cause irreparable injury to Encore and/or its licensors, such injury would not be quantifiable in monetary damages, and Encore and/or its licensors would not have an adequate remedy at law. You therefore agree that Encore and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that Encore or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Encore to enforce any provision of this TOU.
TERMINATION. Encore also reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this TOU, to terminate this TOU with you and your right to access and use the Website. You acknowledge and agree that Encore shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of this TOU. Encore shall also not be responsible or liable for any damages or loss, such as loss of sales or profits, as a result of any termination of this TOU in accordance with this section. You may also terminate at any time by ceasing to use the Website. But, all applicable provisions of this TOU will survive termination, as outlined below. Any licenses from Encore and any right to use the Website shall immediately cease upon termination of this TOU. The provisions concerning feedback, Encore’s ownership rights, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of this TOU for any reason.
GOVERNING LAW. This TOU has been made in and will be construed and enforced solely in accordance with the laws of the State of California, U.S.A., as applied to agreements entered into and completely performed in the State of California. Without limiting and subject to the arbitration provisions set forth in this TOU, the state or local courts in the State of California will have exclusive jurisdiction and venue over all controversies in connection with this TOU, and you hereby consent to such exclusive and personal jurisdiction and venue. Any claim you might have against Encore relating to performance under this TOU must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOU and that each party has the right to seek attorney’s fees in any proceeding. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOU and is hereby disclaimed.
SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions, including, without limitation, Encore’s Web Privacy Policy, described in paragraph 4 of this TOU, may apply to the use of the platforms or online solutions available through the Website. You agree to abide by such other notices, terms, and conditions (as applicable). If there is a conflict with this Agreement, Encore’s obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing should be construed to alter such terms, conditions, notices, and agreements. Nevertheless, your end use of the Website shall be pursuant to this Agreement.
ENGLISH VERSION PREVAILS. In the event this TOU is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail.
MISCELLANEOUS. The relationship between you and Encore is and shall be that of independent contractors and nothing in this TOU shall be construed or used to create or imply any relationship of partners, joint ventures, or employer and employee. You may not assign or otherwise transfer this TOU or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without Encore’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of this TOU shall be void, of no effect, and a material breach of this TOU. Notwithstanding the foregoing, Encore may assign this TOU in whole or in part. Moreover, Encore may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this TOU. Failure by Encore to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of that or any subsequent default or failure of performance. In the event any provision of this TOU is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of this TOU, the invalidity, voidness, or unenforceability shall affect neither the validity of this TOU nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Headings are for convenience only and have no legal or contractual effect. This TOU represents the entire agreement between you and Encore with respect to subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Encore with respect to the Website. Please note that Encore reserves the right to change the terms and conditions of this TOU and by which the Website is extended to you by providing notice of such changes on this webpage or providing in writing or electronically a copy of such revised terms (or notice thereof). Encore also has the exclusive right to provide updates, upgrades, and/or changes to any aspect of the Website at any time. Your continued use of the Website following any such change will be deemed acceptance of any change to this TOU and/or the Website.