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Welcome to EchoDaily.com (“EchoDaily.com”), a website provided to you by Echo Daily, Inc., a Nevada domestic corporation (“Echo Daily”) subject to and conditioned upon the following terms and conditions (“Terms”). By visiting, using or shopping at Echo Daily.com, you accept these terms. Accordingly, please read the Terms carefully and completely.
In addition, when you use any current or future Echo Daily service or product, you will likely be subject to additional terms, conditions and restrictions. To the extent these Terms conflict with those additional terms, conditions and/or restrictions, those additional terms, conditions and restrictions shall govern.
PRIVACY: Please review our Privacy Notice, too, as it also governs your use of EchoDaily.com and is hereby incorporated herein by this reference.
ELECTRONIC COMMUNICATIONS: When you visit EchoDaily.com or send e-mails to us, you are communicating with us electronically and thereby perpetually consent to receive communications from us electronically and 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. Our electronic communications to you will occur by e-mail or by posting of notices on EchoDaily.com.
LICENSE AND EchoDaily.com ACCESS: You are granted a personal, non-exclusive, non-transferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from EchoDaily.com through a consumer web browser for non-commercial use only. You are also granted a limited, revocable, and non-exclusive right to create a hyperlink to EchoDaily.com so long as the link does not portray Echo Daily, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Echo Daily logo or other proprietary graphic or trademark as part of the link without express written permission and as provided for below in more detail. You are not granted any other license or right (including by implication, by estoppel or otherwise), with respect to EchoDaily.com, or any content accessible through EchoDaily.com.
You may not modify reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit for any commercial purpose any portion of EchoDaily.com without Echo Daily's express, prior, written consent. You may not use any meta tags or any other hidden text or content to utilize Echo Daily's Marks & Dress without Echo Daily's express, prior, written consent. Any unauthorized use terminates the permission or license granted by Echo Daily.
Any rights not expressly granted in these Terms are reserved by Echo Daily.
You must comply with all applicable laws including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
YOUR ACCOUNT: If you use EchoDaily.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use EchoDaily.com only with involvement of a parent or guardian. Echo Daily reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
COMMUNICATIONS AND OTHER CONTENT: Where possible, you may post information and content on EchoDaily.com, so long as the information and 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 unsolicited advertisement. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any posted information or content.
If you do post information or content, or submit material, to EchoDaily.com, and unless Echo Daily indicates otherwise, you grant Echo Daily a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You further grant Echo Daily and all of its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You hereby represent and warrant that you own or otherwise control all of the rights to the information and content that you post; that it is accurate; that its use does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Echo Daily for any and all claims resulting from the information and content you supply. Echo Daily has the right, but not the obligation, to monitor and edit or remove any information or content on EchoDaily.com, and Echo Daily takes no responsibility and assumes no liability for any information or content posted by you or any third party.
COPYRIGHT: All content and any compilation of content included on EchoDaily.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of Echo Daily or its content suppliers and protected by United States and international copyright laws. Unless indicated to the contrary, everything on EchoDaily.com is ©2009 by Echo Daily, Inc., with all rights reserved.
TRADEMARKS: Echo Daily, Echodaily, EchoDaily.com, and the graphics, logos, page headers, button icons, scripts, and service names at EchoDaily.com are service marks, trademarks, and/or trade dress of Echo Daily (“Echo Daily's Marks & Dress”). Echo Daily's Marks and Dress may not be used in connection with any product or service that is not Echo Daily's, in a way likely to confuse customers or potential customers, or in any way that disparages or discredits Echo Daily. All other trademarks and service marks not owned by Echo Daily that appear on EchoDaily.com are the property of their respective owners, some of which may be affiliated with or connected or licensed to Echo Daily.
PATENTS: Portions of EchoDaily.com may operate under an end-user license of one or more patents.
COPYRIGHT COMPLAINTS: Echo Daily respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement (which is set forth below).
PRODUCT DESCRIPTIONS AND PRICING: Echo Daily intends and attempts for EchoDaily.com to be as accurate and complete as possible. However, Echo Daily does not warrant that product descriptions or other content of EchoDaily.com are accurate, complete, reliable, current, or error-free. Despite Echo Daily's best efforts, items or products for sale on EchoDaily.com may be mispriced. If an item's correct price is higher than our stated price, will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to items or products sold and shipped by Echo Daily through EchoDaily.com. If you purchase an item from a third party through EchoDaily.com, said third party may follow a different policy in the event of a mispriced item.
RISK OF LOSS: All items purchased from Echo Daily are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
EchoDaily.com POLICIES, MODIFICATION, AND SEVERABILITY: Echo Daily reserves the right to modify, suspend, discontinue or terminate EchoDaily.com, Echo Daily's policies, or these Terms (or any part thereof) with or without notice. You agree that Echo Daily will not be liable to you or to any third party for any such modification, suspension, discontinuation or termination. If any provision of these Terms is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms shall continue in full force and effect.
OTHER BUSINESSES: EchoDaily.com may contain links to certain other companies and/or businesses. Echo Daily is not responsible for examining or evaluating, and does not warrant the offerings of, any of these companies or businesses (or the content of their websites). Echo Daily does not assume any responsibility or liability for the actions, products, or content of these or any other third party. You should carefully review their respective privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: EchoDaily.com AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH EchoDaily.com ARE PROVIDED BY Echo Daily ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. Echo Daily MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF EchoDaily.com OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EchoDaily.com. YOU HEREBY EXPRESSLY AGREE THAT YOUR USE OF EchoDaily.com IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Echo Daily DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Echo Daily DOES NOT WARRANT THAT EchoDaily.com; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EchoDaily.com; Echo Daily'S SERVERS; OR E-MAIL SENT FROM Echo Daily, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Echo Daily WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF EchoDaily.com OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EchoDaily.com, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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 THEREFORE APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES: Any dispute relating in any way to your visit to EchoDaily.com or to products or services sold or distributed by Echo Daily or by or through EchoDaily.com shall be adjudicated in a state in Douglas County, Nevada, and you consent to exclusive jurisdiction and venue in such courts.
APPLICABLE LAW: By visiting EchoDaily.com, you agree that the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Echo Daily.
CONTACT INFORMATION: If you have any questions or concerns with respect to these Terms, Echo Daily or EchoDaily.com, please see our Contact Us page or contact us by mail at:
Meghan DorrisEcho Daily, Inc.1650 Lucerne St, Suite 201Minden, NV 89423Tel: 866-796-7297E-Mail: meghand@EchoDaily.com