When you visit Echo.com or send e-mails to us, you are communicating with us electronically. By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Echo or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Echo and protected by U.S. and international copyright laws. All software used on, or in connection with, this site is the property of Echo or its software suppliers and protected by United States and international copyright laws.
ECHO, ECHO.COM and other graphics, logos, page headers, button icons, scripts, and service names are trademarks (including trade dress) of Echo in the United States and other countries, regardless of whether the marks are registered. The trademarks of Echo may not be used in connection with any product and/or service that is not of Echo, in any manner that is likely to cause confusion among clients or in any manner that disparages or discredits Echo. All trademarks not owned by Echo that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, endorsed, or sponsored by Echo. Echo does not have any authority to permit you to use, in any way, any trademarks not owned by Echo.
LICENSE AND SITE ACCESS
Echo grants you a limited, revocable and nonexclusive license to access and make personal use of this site and not to download (other than page caching) or modify it or any portion of it except with express written consent of Echo. This license does not include (among other things): any resale or commercial use of this site or its contents; any collection and use of any product and/or service listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. Neither this site nor any portion of this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Echo. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Echo without the express written consent of Echo. You may not use any meta tags or any other “hidden text” utilizing trademarks of Echo without the express written consent of Echo. Any unauthorized use terminates the permission or license granted by Echo. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Echo.com so long as the link does not portray Echo, or its products and/or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Echo trademark, logo or other proprietary graphic as part of the link without express written permission from Echo.
If you use this site, you agree that you are responsible for maintaining the confidentiality of any account and password belonging to you and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Echo sells products and/or services to adults who can purchase with a credit card. If you are under 18, you may use Echo.com only with involvement of a parent or guardian. Echo reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors to Echo.com may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of content. Echo reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you post content or submit material, unless we indicate otherwise, you grant Echo a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant to Echo the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify Echo for all claims resulting from content you supply. Echo has the right but not the obligation to monitor and edit or remove any activity or content. Echo takes no responsibility and assumes no liability for any content posted by you or any third party.
PRODUCT AND/OR SERVICE DESCRIPTIONS
Echo attempts to be as accurate as possible. However, Echo makes no warranties that the product and/or service descriptions and any other content of this site are accurate, complete, reliable, current, or error-free.
Echo.com may link to and/or contain advertisements about non-EchoZoCo owned or controlled websites or other Internet resources. Echo neither controls nor has reviewed or approved the content that appears on these sites and is not responsible for the legality, accuracy or appropriateness of any such content. You acknowledge and understand that Echo does not endorse or sponsor such other third-party websites or other Internet resources and Echo expressly and specifically disclaims any responsibility and liability for any content, software, functionality, services, or advertised products or services found on or related to any such third-party website or other internet resources.
Your participation, correspondence or business dealings with any third party found on or through Echo.com, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Echo shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of such dealings.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site and all information, content, materials, products, and services included on or otherwise made available to you through this site are provided by Echo on an “as is” and “as available” basis, unless otherwise specified in writing. Echo makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products, or services included on or otherwise made available to you through this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Echo disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Echo does not warrant that this site, its servers or e-mail sent from Echo.com are free of viruses or other harmful components. Echo will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
You understand that to the extent permitted under applicable laws, in no event will Echo or any of its subsidiaries or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your use (or the use of anyone using an account registered to you) of the site or any parts thereof.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
By visiting Echo.com, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and Echo involving these Conditions of Use. Any such dispute will be brought only in the courts of the State of Illinois or the United States District Court for the Northern District of Illinois, and you hereby agree to submit to the personal jurisdiction of those courts.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to Echo.com. We reserve the right to make changes to our site, policies and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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