Terms & Conditions
Welcome to echodesign.com (the “Site”), the Internet Site of The Echo Design Group, Inc. (“Echo Design”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
The Terms and Conditions of Use may be changed at any time without prior notice. We will make changes by modifying our Site and will post a notice about the modification on our Site. Your continued access to and use of the modified Site conclusively demonstrates your acceptance of those changes.
DESCRIPTION OF SERVICE
Echo Design provides users with access to any array of products,a services, and on-line resources, including, various communications tools, online forums, shopping services, and other content. You understand and agree that the service is provides “as is.”
Most Echo Design products displayed at the Site are available in select stores featuring Echo products in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in stores. The prices displayed at the Site are quoted in United States Dollars and are valid and effective only in the United States.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Promotional codes are not able to be used on the following items; Fabric, Trim, Wallpaper and The Echo Series Scarfs.
ECHO DESIGN’S PROPRIETARY RIGHTS
All material contained on this Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Echo Design does not grant any express or implied right(s) to Users of this Site. Please be aware that Echo Design actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are © 2016 The Echo Design Group, Inc. All Rights Reserved. Removing or altering the copyright notice on any material on this Site is prohibited. Echo Design also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Site’s content.
The trademarks Echo®, Echo Design™, Echo Touch™, MSOFT™ and all other names, logos, and icons identifying Echo Design and/or Echo’s products and services are proprietary marks of The Echo Design Group, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.
This Site is the property of The Echo Design Group, Inc. and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Site, as well as the trademarks, product names, graphics, logos, service names, slogans, colors and designs of our company.
The Site may contain materials posted by third parties. If you believe that any materials on this Site infringe any copyright or other intellectual property interest, please provide Echo Design’s Copyright and Intellectual Property Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Echo Design’s Copyright and Intellectual Property Agent for Notice of claims of copyright or other intellectual property infringement on the Site can be reached as follows:
The Echo Design Group, Inc.
10 East 40th Street
New York, NY 10016
Phone: 1-800-331-ECHO (3246)
We are pleased to hear from our users and welcome your comments regarding our products and services. Our long-standing company policy, however, does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as scarf designs, artwork, clothing designs, etc. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, artwork, designs, suggestions or materials (unless specifically requested by us) via a contest or other program.
If, at our request, you send certain specific submission (e.g., scarf designs to enter a contest), the submissions shall be governed by the particular rules applicable to that specific request (e.g., contest rules).
FORUMS AND PUBLIC COMMUNICATION
Forum means a chat area, message board, or email function offered as part of the Site. If you participate in any Forum within the Site, you must not:
Defame, abuse, harass or threaten others;
Make any bigoted, hateful or racially offensive statements;
Advocate illegal activity to discuss illegal activities with the intent to commit them;
Post or distribute any material that infringes and/or violates any right of a third party or any law.
Post or distribute any vulgar, obscene, discourteous, or indecent language or images;
Advertise or sell to, or solicit others;
Use the Forum for commercial purposes of any kind;
Post or distribute any software or other materials which contain a virus or other harmful component; or
Post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
We will not monitor, edit, or disclose the contents of a customer’s email unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on any Site; (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or an investigation, subpoena, court order, or legal process on us; (2) protect and defend our rights in property; (3) act in an emergency to protect the safety of our users. Users shall remain solely responsible for the content of their messages.
We reserve the right to remove or edit content from any Forum at any time for any reason.
By uploading materials to any Forum or submitting unsolicited materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
While Echo Design endeavors to provide the most accurate, up-to-date information and materials available, the information and materials available on this site may include inaccuracies or typographical errors. Moreover, Echo Design may make modifications and/or changes in this site or in the information and materials available on this site at any time, for any reason.
In no event shall Echo Design be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this site or with the delay or inability to use this site, or for any information and materials available on this site, or otherwise arising out of the utilization of this site, whether based in contract, tort, strict liability, or otherwise, even if Echo Design has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS OF ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAIABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Echo Design, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post transmit, or make available through the Service, your use of our Service, your connection to our service, your violation of the Terms and Conditions of Use, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of this Service, use of the Service, or access to the Service.
The Site may provide, or third parties may provide, links to other sites or resources. Because Echo Design has no control over such external sites and resources, you acknowledge and agree that Echo Design is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that Echo Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on or through any such site or resource.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FORM THE USE OF, OR THE INABILITY TO USE, OUR SITE OR MATERIALS AND FUNCTIONS OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXLCUSION OF LIABILITY OR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXLCUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THAT AMOUNT PAID BY YOU, FOR ACCESSING ANY SITE.
Unless otherwise specified, the materials on our Site are presented solely for the purpose of promoting programs, films, and other products available in the United States and its territories, possessions, and protectorates. We make no representation that materials on our Site are appropriate or available for use in any particular location. Those who choose to access our Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
ENFORCEMENT OF TERMS AND CONDITIONS
These terms and conditions are governed and interpreted pursuant to the laws of the State of New York, excluding its conflict of laws principles, excluding the United Nations Convention on Contracts for the International Sale of Goods, and also excluding the 1974 Convention on the Limitation Period in the International Sale of Goods (the “1974 Convention”) and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. If any part of these terms and conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.