Acceptance of Terms

The Upscale Consignment website, (the "Website") and all of its content and services, is owned and/or operated by Upscale Consignment, (Encore Inc.) and its designated agents or service providers. Your use of this Website is conditioned upon your acceptance without modification of the terms, conditions, and notices contained or referenced in this Terms of Service Agreement (the "Agreement").

Typographical Errors

In the event content on the Website contains incorrect information, or a product is listed at an incorrect price, due to typographical errors or error in pricing information, Upscale Consignment shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Upscale Consignment shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Upscale Consignment shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Unsolicited Ideas

Upscale Consignment welcomes feedback, questions and comments about its products, services and this Website. As a general policy, Upscale Consignment does not accept unsolicited ideas for products or services through this Website. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to this Website by e-mail or otherwise are and shall remain the sole and exclusive property of Upscale Consignment and may be used by Upscale Consignment for any purpose whatsoever, commercial or otherwise, without compensation to you.

Children Under 13

Upscale Consignment does not knowingly collect personally identifiable information from children under 13. In the event that Upscale Consignment learns it has collected any personal information from a child under the age of 13 without verification of parental consent, Upscale Consignment will delete that information from its database as quickly as reasonably possible.

Disclosure and Use of Your Communications

Any information provided to Upscale Consignment by you, or collected by Upscale Consignment through the use of the Website will be maintained in accordance with Upscale Consignment's Privacy Policy. You agree to be solely responsible for providing accurate, current, and complete information about you as requested by Upscale Consignment or its affiliates or service providers.

Ownership Notice and Usage Restrictions

This Website and all content contained on this Website, including all names, logos, graphics, photographs and text, copyrights, service marks, and trademarks are the exclusive property of Upscale Consignment. You may not copy, reproduce, republish, post, distribute, transmit, or modify or otherwise use in any way any part of the Website without the express prior written consent of Upscale Consignment. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the site; to do so may subject you to legal liability. Upscale Consignment will, in its sole discretion, take all appropriate legal action and recourse for violations hereof.

Indemnification

By accessing the Website, you agree that you remain solely responsible for use of the Website, and you agree to indemnify and hold harmless, Upscale Consignment and its agents with respect to any claim based upon misuse of this Website or breach of any terms or conditions of this Agreement.

Jurisdiction

The services and information on this site are available in the United States and may not be available elsewhere. This Agreement shall be construed in accordance with the Laws of the United States of America, and specifically within the state of Oregon. All disputes arising from your use of this Website or under this Agreement, shall be resolved in a court located in Oregon, without reference to conflict of laws or choice of laws statutes.

Governing Language

Any translation of this Policy is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.

Disclaimer of Warranties and Limitation of Liability

This Website is made available to users AS IS without any warranty of any kind. Upscale Consignment makes no representations, guarantees, or warranties regarding the accuracy, reliability, confidentiality (except as set forth in the Privacy Policy) or completeness of the content (text and/or images) of this Website. UPSCALE CONSIGNMENT, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. FURTHER, UPSCALE CONSIGNMENT DOES NOT WARRANT OR REPRESENT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS ERROR-FREE OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES, WORMS, BUGS, TIMEBOMBS, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.

UPSCALE CONSIGNMENT SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, LOST PROFITS, LOSS OF REVENUE, AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THIS WEBSITE, OR YOUR USE OF OR RELIANCE UPON THIS SITE OR THE CONTENT HEREOF. IN ADDITION, UPSCALE CONSIGNMENT HAS NO DUTY TO UPDATE THIS SITE, OR THE CONTENT THEREOF, AND UPSCALE CONSIGNMENT SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. FURTHER, UPSCALE CONSIGNMENT IS NEITHER RESPONSIBLE NOR LIABLE FOR YOUR USE OF OTHER WEB SITES THAT YOU MAY ACCESS VIA LINKS WITHIN THIS SITE. THOSE LINKS AND OTHER RESOURCES REFERENCED ON THIS SITE ARE PROVIDED MERELY AS A SERVICE TO USERS, AND INCLUSION IN UPSCALE CONSIGNMENT' SITE DOES NOT CONSTITUTE AN ENDORSEMENT BY NOR AFFILIATION WITH UPSCALE CONSIGNMENT.

Reservation of Rights

Upscale Consignment, in its sole discretion, reserves the right to take all action or inaction as allowed by law. If any term, condition, or provision of these Terms and Conditions of Use is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby. These Terms and Conditions of Use constitute the entire representation made by Upscale Consignment relating to the subject matter herein.

Modifications to Service

Upscale Consignment reserves the right to modify in part or in whole, or temporarily or permanently discontinue this Website or any content contained therein for any reason and at anytime without notice to you. Upscale Consignment is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on this Website.